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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

in issuing and enforcing courts’ rulings. On the contrary, in<br />

advanced countries we find that the power to issue courts’<br />

ruling and enforcing them is exclusively the business of the<br />

judiciary and heads of states are incapable of making any<br />

interventions – so such countries are viewed as respectful<br />

and feared.<br />

The second form of indirect intervention is the lack of<br />

job security to judges – this is the most serious threat to<br />

the principle of the ‘independence of the judiciary’ and<br />

destroys the morale of judges. If the judge is bothered by<br />

fears of transfer to a remote area, obstructing his promotion,<br />

threatened to be dismissed or any social or psychological<br />

pressures that may impair his mental/ intellectual power …<br />

then how such a judge will adjudicate fairly and be faithful<br />

to his consciousness?<br />

To sum up, ‘independence of the judiciary’ may be<br />

divided into two: administrative independence and voluntary<br />

independence. Administrative independence is a relative<br />

matter in the sense that the judiciary may be separate from<br />

other powers; however going very far in that direction may<br />

paralyze the judiciary considering the overlapping relations<br />

between the judiciary power and the executive power. Too, the<br />

judiciary power may distance itself from the executive power<br />

in matters of interventions while keeping administrative ties<br />

so the relationship will be that of cooperation – this is good<br />

and preferable and this is remarkable under Saudi laws such<br />

as the Basic Law of Governance, the Judiciary Law and the<br />

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