From shackles to safeguards: the role of historical narratives in shaping the Judicial Service Commission’s Autonomy
Date
2024
Authors
Firozdin, R. A.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
This thesis undertakes a nuanced examination of the Judicial Service Commission's (JSC) strategic use of historical narratives within the context of previous regimes' abuses. The research delves into the comprehensive historical period marked by executive dominance over the legal system, tracing its impact on the Commission’s pursuit of autonomy. Employing a systematic exploration, the study assesses the motivations driving key changes, elucidates the JSC's current protected status, and examines how courts leverage interpretive tools to safeguard the JSC. The objectives encompass unravelling the intricate relationship between historical abuses, the JSC's autonomy, and the protective role played by the courts. The findings highlight the selective use of history as a crucial factor shaping the assertions presented in Chapter Four. The major conclusion underscores the significance of historical perspectives in understanding the JSC's decision-making processes and its pursuit of judicial independence. Recommendations put forth emphasise the need for transparency and accountability in the JSC's actions to instil public trust in the judiciary. This thesis contributes valuable insights to the broader discourse on the evolution of judicial autonomy, emphasising the critical role of historical narratives in shaping contemporary legal frameworks.
Description
Full - text undergraduate research project
Keywords
Citation
Firozdin, R. A. (2024). From shackles to safeguards: The role of historical narratives in shaping the Judicial Service Commission’s Autonomy [Strathmore University]. http://hdl.handle.net/11071/15862