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