The unholy beginnings of SEPARATION OF POWERS
The embarrassingly bad Appellate Court decision
on CJ’s writ application gave all the appearances of a hastily made,
legally and intellectually unsound decision. Even though the learned
judges may have wished that it be seen as a strenuous defence of the
abstract concept of the “independence of the judiciary”, it comes
across only as a clumsy attempt at safeguarding the career of a
colleague, and vested interests of the Judiciary more generally.
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Impeachment proceedings:
Sole responsibility entrusted to Legislature
Is it the Legislature or the Judiciary? With
regard to this matter, Sir, there is a uniform and consistent
practice all over the world. In the United States, it is the Senate
that is responsible for arriving at a determination in respect of
impeachment proceedings; in the United Kingdom, it is the House of
Lords and in the Philippines, it is the Senate. The consistent
practice is that responsibility in this regard is entrusted by the
constitutional structure to the legislative organ of government.
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