Independent Judiciary Or Extension Of The Executive Branch?

AuthorDerence A. Rolle Davis
Derence Rolle Davis
The government of The Bahamas wants to be clear on the desires and will
of the people. How is the will of the people expressed? It is through the
management of the laws and usages. The Bahamas has one of the oldest
Parliaments in the western hemisphere, dating back to 1729, and has enjoyed
democratically elected officials for most of its history. This same spirit is more
evident in the need for the separation of powers. This need for the division of
the branches of government will be made clearer in the discussion forthcoming.
Alexander Hamilton in The Federalist Papers , Number 78 advised that:
“Whoever attentively considers the different departments of power must
perceive that, in a government in which they are separated from each other,
the judiciary, from the nature of its functions, will always be the least
dangerous to the political rights of the Constitution; because it will be least in
capacity to annoy or injure them. The Executive not only dispenses the
honours, but holds the sword of the community. The legislature not only
commands the purse, but prescribes the rules by which the duties and rights
of every citizen are to be regulated. The judiciary, on the contrary, has no
influence over either the sword or the purse; no direction either of the
strength or of the wealth of the society; and can take no active resolution
whatever. It may be truly said to have neither force nor will, but merely
judgment; and must ultimately depend upon the aid of the executive arm
even for the efficacy of its judgments.”
This quote is more than 200 years old yet still holds true today.
Taken at its highest, the government requires free flowing,
uncompromised and integrity-filled branches of government. Perhaps we should
take a moment to consider what the three branches are.
The first branch is that of the Executive, which consists in our
parliamentary system of the Governor General and the Cabinet, which is made
up of the Prime Minister and other ministers of the Government.

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