The Africa Governance Report accountability and responsibility in order to restore public trust in the government. 4.4.6 Independence and accountability of the Legislature The legislature represents society’s diverse interests in government and is an important mechanism for achieving accountability of the government to the people. However, the legislature can only perform these functions if it is independent of the executive and exercises meaningful power. 4.4.7 Independence and Accountability of the Judiciary The judiciary applies and interprets the laws that the legislature enacts. It also exercises the power of judicial review, by which it validates or invalidates the actions and decisions of government, depending on whether they conform to or violate the constitution or other laws. Judicial review therefore functions to either check the government or legitimise its actions, which makes it a powerful instrument that the courts can use to enhance constitutionalism and the rule of law. The powers of the judiciary are important mechanisms for limiting the will of the majority so that it can respect the rights of minorities. In their absence, majority rule may lead to tyranny of the majority. The realization ideal of the rule of law requires suitable application mechanisms, including an independent and professional judiciary, easy access to dispute resolution forums, and reliable enforcement agencies. 4.4.8 Access to Justice Access to justice requires the existence of dispute resolution mechanisms that are affordable, proximate, comprehendible, and responsive, which can guarantee speedy justice to users. The concept emerged from the realization that formal judicial processes are often costly and slow, with complexities that often intimidate or confuse parties. Access to justice also requires trust by users in the process. It therefore requires the removal of obstacles such as high monetary and time costs, ignorance of legal rules and procedures, cultural and even language barriers. For this, the justice system needs to pay attention to issues such as the language of court proceedings, including availability of interpretation services, court fees, public involvement in the administration of justice. There is also now an increasing awareness that that methods such as arbitration and mediation sometimes work better and more justly than the formal court system. To enhance access to justice, some African countries have made provision in their constitutions for formal and informal dispute resolution mechanisms. Others have also established initiatives to enhance access to justice, including: legal aid schemes (in some cases backed by a law, including the constitutionalising of legal assistance), small claims courts, public interest litigation, and the office of public defender. There have also been efforts to use new technologies and the social media to facilitate access to justice. Many countries have set up legal information structures and use these technologies to provide accessible legal information on the decisions of courts. Finally, Some countries are training non-lawyers (paralegals) to help the indigent to navigate complex justice systems. Page 50 of 96