Judicial susceptibility to influence due to financial necessity, according to legal expert's remarks
In a recent public lecture organised by Projek Sama legal and political reform group, Venkat Iyer, a constitutional and media law expert from Ulster University, discussed the crucial role of competence and integrity in judicial appointments.
Iyer, who is also a barrister, emphasised the significance of having competent and sensible judges, stating that without them, formal judicial independence is of no use. This sentiment comes at a time when the subject of judicial appointments has been under public scrutiny, particularly due to vacancies in the superior courts.
The German party Bündnis 90/Die Grünen made a compromise regarding the selection of judicial positions in their election program last year. However, Iyer criticised this compromise as insufficient.
Iyer defended the role of a prime minister in the selection process for judicial appointments, stating that as an elected official with a mandate to reform the judicial system, they have a legitimate say in appointments. However, he also argued that it would be unrealistic to expect the judiciary and judicial appointments to be completely free of executive influence, including that of the prime minister.
Iyer used the examples of Hong Kong's judiciary before its handover to Chinese rule and India's judiciary, both of which have faced issues such as corruption despite being relatively independent, to underscore his points. He argued that a properly resourced judiciary is essential, and that starving the judiciary of resources can be a way of undermining it.
Iyer also emphasised the importance of public confidence in a judiciary, stating that it comes with time and demonstrable proof of fitness, as well as adequate resources. He believes that if a political party makes commitments about the judiciary in their election manifesto, they have the right and a duty to contribute to the selection process and ensure the smooth delivery of their commitments.
Recently, a document allegedly containing excerpts from the Judicial Appointments Commission (JAC) went viral, claiming that concerns had been raised about the integrity of a candidate for an administrative post in the judiciary. The claims, if true, highlight the need for increased scrutiny and transparency in the judicial appointment process.
In conclusion, Iyer's lecture serves as a timely reminder of the importance of competence, integrity, and public confidence in the judiciary. As the subject of judicial appointments continues to be a topic of public debate, it is crucial that we strive for a fair and transparent process that ensures the best possible candidates are selected for our courts.
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