Political corruption of the judiciary


Nature

Since most judges are appointed either by or on the advice of elected persons, or are themselves elected, they rarely profess political opinions generally disfavoured in the country in question, although the degree of tolerance shown in this connection varies from country to country. Provided that the country's electoral processes are free and democratic and that the law does not specifically exclude from membership of the judiciary persons of a specific political persuasion, or make other provisions unfavourable to them, it is difficult to say how far discrimination exists in these instances. However, the independence of the judiciary is clearly undermined when candidates for judicial offices are appointed or elected to such office as a reward for political services, or when political considerations enter into the promotion, transfer or dismissal of judges or into decisions concerning any other aspect of their status.


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