Role of Judicial Independence in Ensuring Fair Trial Practices in Civil Litigation in Ghana

Owysu Osei ()

American Journal of Law, 2024, vol. 6, issue 3, 1 - 10

Abstract: Purpose: The aim of the study was to assess the role of judicial independence in ensuring fair trial practices in civil litigation in Ghana. Materials and Methods: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study found that an independent judiciary is essential for upholding the rule of law, protecting the rights of litigants, and maintaining public confidence in the legal process. It ensures that judges can make decisions based solely on the law and facts of the case, free from external pressures, whether from the government, private interests, or public opinion. This independence is pivotal in civil litigation, where disputes often involve significant personal or financial stakes, necessitating fair and unbiased adjudication. Studies have demonstrated that judicial independence correlates with higher levels of procedural fairness and transparency in civil proceedings. Countries with strong judicial independence tend to have more predictable and consistent rulings, which are critical for the stability and reliability of the legal system. Furthermore, independent courts are better positioned to enforce contracts and property rights, which are fundamental to civil litigation, thereby fostering an environment of trust and accountability. Implications to Theory, Practice and Policy: Separation of powers theory, legal positivism and due process theory may be used to anchor future studies on assessing the role of judicial independence in ensuring fair trial practices in civil litigation in Ghana. In practice, enhancing judicial training programs is crucial to fortifying fair trial practices. On a policy level, advocating for legislative reforms is essential to strengthening judicial independence. Governments should enact clear statutory protections against political interference and ensure adequate budgetary provisions to support judicial autonomy.

Keywords: Judicial Independence; Fair Trial Practice; Civil Litigation (search for similar items in EconPapers)
Date: 2024
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