Editorial: The Co-Equality And, Therefore, The Functional Efficiency And Effectiveness Of The Judiciary
ON JUNE 5, 2024, the Judiciary released a statement, in which it viewed the appropriation/allocation of US$17 million and a one-off “contingency” amount of US$3 million, constituting 2.8% of the national budget, as an imposition by both the Legislative and Executive branches of government on a co-equal branch of the same government, which it said it is not prepared to accept.
“WHILE THE SUPREME Court acknowledges and upholds the power bestowed upon the Legislature to ‘make appropriations for the fiscal governance of the Republic’ as enshrined in Article 34(d) of the Liberian Constitution (1986), this court has also upheld the long-standing principle of Constitutional interpretation, which states, in part, ‘the Constitution must be interpreted in light of the entire document rather than a sequestrated pronouncement, as every provision of the Constitution is of equal importance. None of the provisions of the constitution should be interpreted to nullify or substantially impair the other provisions…’
“IT IS WITHIN this legal context that Chapter VII of the Liberian Constitution (1986) and the supporting statutes within the New Judiciary Law impose a legal obligation upon the Judiciary Branch to effectively and efficiently manage the Supreme Court of Liberia and all of its administrative units, 22 circuit courts across the 15 political subdivisions of this country along with its judges and staff, 75 specialized courts across the 15 political subdivisions of this country with their judges and staff as well as 160 magisterial courts also across the 15 political subdivisions of this country with their magistrates and staff in order to ensure that the rule of law prevails within the borders of our country,” the Judiciary release observed.
THE JUDICIARY UNDERSCORED that the lack of adequate financial support to the Judiciary by the government over the years has resulted into deteriorating infrastructure, lack of logistics and worsening conditions of service at the Judiciary, and that this is substantially impairing the duty of the Judiciary, as mandated by the provisions of Chapter VII of the Constitution, which was cited previously.
THE THIRD BRANCH of government maintained that it views the allocation of US$17 million and a one-off “contingency” amount of US$3 million, constituting 2.8% of the national budget, as an imposition by both the Legislative and Executive branches of government on a co-equal branch of the same government and an abuse of the power given the Legislature under Article 34(d) of the Constitution, in that, such appropriation undermines the function of another branch of government, which it is not prepared to accept.