Ali, Adan Mohamed Omar (2024) Judicial Independence in Somalia. Global Journal of Politics and Law Research, 12 (2). pp. 20-31. ISSN 2053-6321(Print), 2053-6593(Online)
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Abstract
This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Depositing User: | Professor Mark T. Owen |
| Date Deposited: | 02 Apr 2024 20:30 |
| Last Modified: | 02 Apr 2024 20:30 |
| URI: | https://tudr.org/id/eprint/2848 |
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