Justice delayed is justice denied

May 13, 2009 Editorial

The passage of the “Time Limit for Judicial Decisions Bill 2009” has evoked negativity in some quarters. The Bill sought to make it compulsory for judges of the High and Appellate Courts to render decisions in civil and appeal cases within a specified time limit.
Of the three branches of government, the judiciary forms the bedrock of legitimacy because it is supposed to be the most open on account of its obligation to explain and give reasons for its decisions. If this obligation is breached and left unchecked, as it flagrantly has been for decades in Guyana, a domino effect is created as the rule of law is subverted and citizens revert to the law of the jungle not to seek “justice” but to settle scores. This situation could not stand.
In the source of our rule of law, the Magna Carta, Article 40 declared unambiguously, “to none will we sell, to none deny or delay, right or justice”. This standard was maintained scrupulously during and after the colonial era. Even after we declared our judicial independence from Britain, we never wavered from the ideal of delivering justice expeditiously.
The rule of law, after all, cannot be seen to act arbitrarily and must be held accountable. The furnishing of reasons addresses these and a variety of other ends. At the most mundane level it offers to the parties before the court, and indeed the general public, why the court’s decisions was as it was. Transparency and openness are achieved and judicial arbitrariness is curbed.
Decisions from the High Court can also be appealed; an integral aspect of ensuring that justice is served. Losing parties can make informed decisions based on the reasoning offered by the judges as to whether the law may have been applied in a defective manner – which is what the appellate will decide. Finally, of course, the public is guided as to what is appropriate under similar circumstance.
It would appear that the concern about the Bill centered on the stipulation that if the judge in the case under consideration did not comply with the stated time frames (High Court, maximum 120 days; Appeal and Full Court, maximum 30 days) they could face the ultimate sanction of “removal”.
It is felt that this possibility may act as a chilling effect of judicial independence. Now this is not a trivial fear and all jurisdictions have taken elaborate measures to remove extraneous pressures on members of the judiciary. The new Bill, however, sets us an elaborate schema under which the judges can keep the Chancellor informed of possible delays in issuing decisions and request extensions.
To those that worry about political interference, the process is confined to the institutions within the judiciary.
But it is not as if the new sanction has been created full-blown from the brow of the administration. It is clearly stated under Article 197 (3) of our Constitution that a judge may be removed from office “for persistently not writing decisions or for continuously failing to give decisions and reasons therefor within such time as may be specified by the Parliament….”
Parliament has simply promulgated the enabling legislation for the Article to be given force, in the face of the members of the judiciary stubbornly refusing to dispense justice in a timely fashion.
As one respected appellate court said, “The judicial cloak is not an impregnable shield providing immunity against criticism or reproach.” A similar approach has been adopted by the highest courts elsewhere in the Commonwealth.
In one instance, the Court of Appeal of England and Wales criticized a High Court judge in terms such as obliged him to tender his resignation to the Lord Chancellor, when he had delayed inordinately – for a period less than has become the norm here – in delivering judgment:
“Delays on this scale cannot and will not be tolerated. A situation like this must never occur again.” Hear Ye! Hear Ye!

Latest News

Justice delayed is justice denied

Related

Similar Articles

The Glenn Lall Show|| April, 11th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Minister Ramson hails Harpy Eagles Championship team following return...

GFF hosted first Referee Introductory Course for...

Ninvalle congratulates Harpy Eagles on West...

Wharton’s weighty five inspires Chase...

Vryman’s Erven Secondary wins inaugural...

Pele FC Alumni Corp. 2025 Youth Development...

Features/Columnists

The theatre of protest and the death of reason

Collaborative Government–Private Sector Action Imperative for a Resilient Trade Future

Resign or be removed

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

Justice delayed is justice denied

Share this:

Related

Similar Articles

The Glenn Lall Show|| April, 11th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]