Business/commercial law question and answer

  • In relation to the law of persons, explain the following:
    • Corporation sole: (2 marks)
    • Corporation aggregate.

ANSWER

The phrase independence of the judiciary means that:
– There should be a distinct organ of government whose sole responsibility is administration of justice.
– This organ must be as impartial or unbiased or as disinterested as possible.
– This organ must administer justice without external interference and without fear or favour.
The concept of independence of the judiciary is traceable to the doctrine of separation of powers propounded Montesquieu.
Independence of judiciary is an integral part of constitutionalism and services certain purposes:
– Acts as a check on the other organs o government.
– Discourages tyranny and injustice
– Enhances the liberty of man
– Promotes the rule of law



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