The Role of Judicial Immunity in Court Decisions in the Banadir Regional Court of Somalia
摘要
The role of judicial immunity in shaping court decisions has been growing argument in the contemporary governance. It has been debatable to the degree and the limits of judicial immunity. Today it is generally recognized that the most important purpose of judicial immunity is to protect judicial independence. The main purpose of this study was to analyze the role of judicial immunity in shaping court decisions in the Banadir regional court of Somalia, focusing on its impact on judicial behavior, fairness, transparency, and accountability. Furthermore, the research design of this study used was a mixed method and was guided to investigate Banadir Regional Court in Mogadishu, Somalia. Thus, the current study was adapted as a descriptive research design to clarify the connections between the two variables by using surveys together with cross-sectional data on the grounds that the cross-sectional is effective in terms of cost and time. The research reveals significant challenges in the judicial system of the Banadir region. Although the principles of tenure, case assignment, and removal procedures are ostensibly established, their effectiveness remains uncertain, as evidenced by the neutral responses provided by the participants in this study. Likewise, the participants also raised concerns regarding inadequate salaries, the fairness of court decisions, and the limited role of courts in protecting citizens’ rights point to deeper structural issues. The lack of trust in judicial integrity and the failure to guarantee fair trials call for reforms to strengthen judicial immunity. Focusing these concerns could enhance public confidence in the judiciary and reinforce its role in promoting justice and the rule of law.