Prior to the act coming into force, the advocates’ profession regulated itself according to its own institutional ethos and the standards set by its members.The act, on the surface, seems innocuous, as does the council.
Judicial impartiality is a hallmark of any legal system worth its salt. Before the advent of constitutionalism, the state could conduct itself as it pleased – the law applied only to subjects, not to the sovereign. To keep government to account, judges must be independently minded – or at least as independently minded as we could hope to get them.
For one reason or another, the legal realist insight from the 70s and 80s has disappeared from the discourse. Indeed, the ideological independence of the judiciary has long been indirectly undermined by the Judicial Service Commission. But, as time goes by, and more new advocates come under the jurisdiction of the LPC and the DoJ, the independent ethos that the advocates’ profession to an extent still inculcates will dissipate.
City_Press The article doesn't say why the Act is a threat to independence. The threats must be more imaginary than real.
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