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Showing posts from November, 2013

It's vital that justice holds the balance of power

Alexander Hamilton, a founding father of the United States, once commented that the judiciary was the weakest compared to the executive and legislative branches as it had neither will nor force. [The Federalist Paper No.78]

However, an independent judiciary is indispensable in a limited constitution. In constitutionalism, powers are checked and balanced, and should be exercised based on rules and principles.

A quote from the great French political thinker Montesquieu tells how the separation of power and judicial independence is important to ordinary people. "There is no liberty, if the power of judging be not separated from the legislative and executive powers." [Spirit of Laws]

Good governance, in its most fundamental form, exercises public powers within the limits of law. The court has an essential role to play here. When an administrative action goes beyond the permit of law, or when a legal provision goes contrary to constitutional prescriptions, the affected party may see…