At first or even second glance one might answer the question whether the judiciary can be both independent and accountable, negatively. However there is evidence showing that not only is this possible but there are methods that can guarantee it. This essay will firstly give reasons as to why one could doubt that judicial independence could co-exist with judicial accountability. It will then discuss and explain a number of methods that can ensure that co-existence. …
showed first 75 words of 1071 total

showed last 75 words of 1071 total
…Edwin Cameron says that judicial accountability can be ensured if an institution can balance strict adherence to rule of law (which brings certainty) but still be sensitive to social needs for rights to be guaranteed and development to be ensured. Such an institution must be in accord with the needs of the majority without disregarding the needs of the minority. It must also value the merits of formalistic reasoning but it must do so critically.