• • • • • substantive fairness in the decision-making process; efficiency; civil service independence; the right to judicial review before an independent and impartial tribunal; access to information. At the heart of good governance, therefore, is accountability, and ultimately that accountability is guaranteed before an independent, impartial and informed judiciary. These are also the bedrock principles of good administration. As such, good governance cannot be delivered without good administration. Best democratic practice requires that the actions of governments may be scrutinized by the courts. This includes counter-terrorism policy as well as the practice of those implementing it. Those taking decisions in relation to countering terrorism should ensure that their actions and administrative practices comply in all respects with international human rights law. The essential requirements of administrative law are: • that administrative action is confined to areas authorized by the law; • that each case be dealt with on its merits and without taking account of extraneous factors; • that similar cases be treated consistently; and • that persons taking decisions should not have any personal or other interest in the outcome. Access to judicial review is key to ensuring good governance and good administration. Judicial independence is a prerequisite to effective judicial review. An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. One of the functions of the judiciary is to interpret and apply national constitutions and law consistently with international human rights standards. To secure the independence of the judiciary the following principles need to be observed: • judicial appointments should be made on the basis of clearly defined criteria and through a public process. The process should ensure: ΙΙ equality of opportunity for all those who are eligible for judicial office; ΙΙ appointment on merit; and ΙΙ that appropriate consideration is given to the progressive attainment of gender equality and the removal of other historic factors leading to discrimination; • arrangements for appropriate security of tenure and protection of levels of remuneration must be in place; • adequate resources should be in place for the judicial system to operate effectively without any undue restraints; • any interaction between the executive and the judiciary must not compromise judicial independence; • judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly render them unfit to discharge their judicial duties. If disciplinary proceedings are brought that might lead to the removal of a judicial officer these must include appropriate safeguards to ensure fairness; Countering Terrorism, Protecting Human Rights 31