Constitution and Judicial Service Commission Framework
What this domain tests
This section tests the constitutional architecture of judicial authority and the Judicial Service Commission (JSC) under Chapter 8 of the Constitution. Expect questions on composition, functions, and the separation between recommendation and appointment.
Core rules and concepts
- Section 165 vests judicial authority in the courts. Courts are independent and subject only to the Constitution and law.
- Section 178 establishes the JSC. The Chief Justice chairs it. Members include the Deputy Chief Justice, a Constitutional Court judge, an SCA judge, two High Court judges, the Minister of Justice, two MPs, four advocates, two attorneys, a law teacher, and four presidential appointees.
- The JSC advises the President on judicial appointments, promotes the efficiency of the administration of justice, and handles complaints about judges.
- The JSC does not appoint judges itself. It recommends or advises; the President appoints. The National Assembly has a role in the appointment of the Chief Justice and Deputy Chief Justice.
Worked example
A candidate asks whether the JSC can appoint a High Court judge without presidential action. Reasoning: section 178 gives the JSC an advisory function, while section 174 requires the President to appoint after the JSC's advice. The correct answer is no. The JSC's resolution is a recommendation, not an appointment.
Traps that cost marks
- Treating the JSC as a court or a tribunal.
- Confusing the JSC with the Magistrates Commission.
- Assuming the JSC removes judges. Removal requires the section 177 process and National Assembly resolution.
- Forgetting that the Chief Justice chairs the JSC and that the composition includes both lawyers and non-lawyers.