CONSTITUTIONAL COURT APPOINTMENTS MECHANISM AND JUDICIAL INDEPENDENCE; A STUDY OF USA, MALDIVES, CANADA, GERMANY, EGYPT AND PAKISTAN

Abstract

All three branches of government, the legislature, which makes laws, the executive, which makes policy, and the people who elect these two departments of government, are impacted by the politics of the Supreme Court's judge-appointment process. In developing countries this process is very critical due to political motivated appointments. This study examines the appointment procedures of USA, Maldives, Canada, Germany, Egypt and Pakistan. It is found that only political determination can make judges appointments or removal of judges on merit. Different countries have rules and regulations for this purpose but all attached with the consent of political governments. Results are fetched based upon conceptual research study. This article highlights the issues with the Pakistani judicial appointment or removal process which is backed by powerful Supreme Judicial Council. In order to guarantee an unbiased, neutral, and efficient judiciary in Pakistan, this paper demonstrates the urgent need to alter the constitutional and judicial procedures for choosing Justices.