Judicial Appointment Process under the Constitution

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18 Questions

Which body is established under s. 82 of the Constitution?

Judicial Service Commission

For how long can members of the local body appointed under s. 82 hold office?

3 years

What protects Judges of the Supreme Court and Court of Appeal against Parliament passing ordinary laws?

Security of tenure provisions in the Constitution

How can Judges be removed from office according to the text?

Upon advice of the Judicial Committee of Her Majesty's Privy Council

What is the intent behind granting security of tenure to judges?

To ensure their independence from political pressure

Who recommends the appointment of salaried judicial office holders in Jamaica?

Judicial Service Commission

What body is responsible for appointing judicial officers, except for the Chief Justice of the Supreme Court and the President of the Court of Appeal?

Judicial Service Commission

What distinguishes the higher judiciary from the lower judiciary in terms of security of tenure?

Higher judiciary has greater security of tenure

What protection does the Constitution provide to the lower judiciary against parliamentary actions?

Protection against removal or discipline without due process

Which body is granted the power to recommend the removal or discipline of judicial officers according to the Constitution?

Judicial Service Commission

How does the Constitution protect the lower judiciary against parliamentary actions concerning their appointments?

No protection is provided

What can be inferred about the independence of the lower judiciary from political influence based on the information provided?

Not fuller assured due to parliamentary majority influence

What is the significance of s. 112 of the Constitution in the context of judicial appointments?

It ensures that judges of new courts must be appointed in a certain manner and entitled to security of tenure.

What is the potential consequence of transferring judicial jurisdiction to holders of new judicial offices with different names and terms, according to the text?

It would make a mockery of the Constitution.

What is the implication of 'The Judicature' in the context of judicial appointments, according to the text?

It refers to the collective body of judges entitled to the protection of Chapter VII.

What is the significance of Chapter VII in the context of judicial appointments, according to the text?

It provides for the appointment of judges in a manner and with a security of tenure.

What would be the consequence of not adhering to the provisions of Chapter VII for judicial appointments, according to the text?

It would make a mockery of the Constitution.

What are the two minor exceptions referred to in the text with regard to the transfer of judicial power?

The text does not provide information on the nature of these exceptions.

Explore the process of appointing judicial officers in accordance with the Constitution, focusing on the role of the Governor-General and the Judicial Service Commission. Understand the specific requirements and procedures involved in selecting candidates for judicial office.

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