... bargain which on one hand provides them with certain freedoms and on the other hand places them under various obligations. The presumed liberty the judiciary enjoy, seems to create a situation where this arm of government is not accountable and the desirability of this state of affairs remains arguable. Even more contentious, is if they are de facto rather than de iure capable of independent arbitration - and moreover if they dutifully apply their given powers - as the theory seems to stand and fall with the Diceyan notion of separation of powers. The final issue at heart of the debate is whether the judiciary should aspire to independence of thought, speech and action. The theory that the judiciary is independent of the executive and legislative branches as purported by Montesquieu2, is supported by the following safeguards. Firstly, "they hold office during good behaviour and not at the pleasure of the ...

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