Judicial Independence In Saudi Arabia: Challenges And Prospects

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Judicial Independence In Saudi Arabia: Challenges And Prospects

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2011-12

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Principles of the rule of law involve judicial independence, clear and stable laws, the protection of fundamental rights, and the accountability of government and private entities as well as individuals under the law. Since judicial independence is the cornerstone of the rule of law and the judiciary in Saudi Arabia has been progressively viewed as not fully independent, this research evaluates the extent to which Saudi Arabia complies with the 20 judicial independence principles provided by the United Nations. This study highlights the dangers of failing to maintain the appropriate independence of the judiciary at the institutional and decisional levels. By using Saudi Arabia as a case study, an examination of regulations and laws exposes gaps and weaknesses in the provisions that guarantee judicial independence. Examples of violations confirm that such protection has been weak, minimal, and insufficient in practice. The King’s high level of authority is evident in the administration of courts and in appointing and removing judges. These facts have contributed to the erosion of institutional and decisional independence leading to a gradual loss of confidence in the judiciary. The new promulgated laws, in regards in implementation of reforms, are scrutinized in this paper. This study concludes that while complete judicial independence from the King cannot be achieved, more robust protection of judicial independence in the Basic Law of Governance (BLG) and the judicial laws as well as establishing a Constitutional Court would be a successful move toward resolving the current violations. Laws, amendments, and use of international organizations and states’ experiences are proposed as key initiatives for future reform.

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University of Minnesota Ph.D. dissertation. December 2011 Major: Law, Health, & the Life Sciences, Joint Degree Program in. Advisor: Robert Stein. 1 computer file (PDF); xii, 272 pages.

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AL MULHIM, MOHAMMED. (2011). Judicial Independence In Saudi Arabia: Challenges And Prospects. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/259746.

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