Judicial Independence In Saudi Arabia: Challenges And Prospects
2011-12
Loading...
View/Download File
Persistent link to this item
Statistics
View StatisticsJournal Title
Journal ISSN
Volume Title
Title
Judicial Independence In Saudi Arabia: Challenges And Prospects
Authors
Published Date
2011-12
Publisher
Type
Thesis or Dissertation
Abstract
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.
Keywords
Description
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.
Related to
Replaces
License
Collections
Series/Report Number
Funding information
Isbn identifier
Doi identifier
Previously Published Citation
Other identifiers
Suggested citation
AL MULHIM, MOHAMMED. (2011). Judicial Independence In Saudi Arabia: Challenges And Prospects. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/259746.
Content distributed via the University Digital Conservancy may be subject to additional license and use restrictions applied by the depositor. By using these files, users agree to the Terms of Use. Materials in the UDC may contain content that is disturbing and/or harmful. For more information, please see our statement on harmful content in digital repositories.