50. The Court was not addressed submissions or during oral on Articles 8 and 9 either in written clarification of the same. The Articles address the manner in which the emoluments of judges of the Special Court would be determined, and prescribe the ranking judges of the Special Court viz the Supreme Court. did, nonetheless, cite the United Nations or status of Learned Counsel Resolution No. 40/32 on the independence of the Judiciary in support of his case. 51.We are aware governance present as that the transparency. thereof. 6(d) a fundamental purposes, principle, Article of the principle of the recognizes as inherent principles of The principles same Treaty rule A clear understanding of designates Community within law, are that and, for fundamental accountability reflected good in Article and 7(2) of the cited principles is critical to a determination of the compliance of the impugned Act with the Treaty. 52. In an Article Development Executive ‘good published (IFAD), by the ‘Good International Governance: Board — 67" Session, governance’ Fund was defined An September by the United for Agricultural Overview’, IFAD 1999, p. 6, the term Nations Development Fund (UNDP) as follows: “The existence institutions their of through interests, effective which exercise mechanisms, citizens their and legal processes groups rights, and articulate meet their obligations and mediate their differences.” 53. In the instant case, governance has been the Applicants' claim that the principle of good contravened within the context of right to fair trial and the principle of separation of powers does, in our considered opinion, bring into purview the principle of rule of law. Reference No.1 5 of 2014 In a Report of Page 23

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