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  • The Role of an Independent Judiciary in Protecting Rule of Law

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Professor Margaret Satterthwaite

During the opening session of the Asia Pacific Justice Forum (December 8-9, 2022), Professor Margaret Sattherthwaite,  UN Special Rapporteur on the independence of judges and lawyers and professor of clinical law at the New York University School of Law, outlined the importance of an independent judiciary for countering rising authoritarianism. 

Good morning, thank you. It’s a true honor to address you today as the UN Special Rapporteur on the independence of judges and lawyers at this important gathering, the Asia Pacific Justice Forum.

I want to thank the World Justice Project for the invitation to speak with you. Over the past decade, World Justice Project has become a trusted source of data and analysis concerning access to justice around the world, and I'm grateful for all that they do. It's exciting to know that representatives of government, the private sector, intergovernmental organizations, the academy, and civil society from across Asia, are gathered in Jakarta for this event. I would much rather be with you in person, not only because I would be speaking to you at 9:00 AM instead of 9:00 PM and not only because I love the city of Jakarta, but also because human connections are at the heart of justice and sitting with colleagues is crucially important to collaborative endeavors.

However, as we all learn during these COVID years, technology gives us a very decent second option. And so, my main message to you is this. Today, independent judges, lawyers, and grassroots justice advocates are on the front lines of the rule of law and human rights. Judges play the crucial role of checking executive overreach, protecting against corruption, and upholding core human rights, including freedom of speech and assembly, physical integrity and due process, and the rights of marginalized communities.

For these reasons, an independent judiciary is essential. We in the human rights field know this, and we intend to stand beside judges, civil society organizations, academics, and others who speak out in favor of a judiciary that is independent and acts with the highest integrity. As you know all too well, the recent years have been challenging.

The climate emergency, a global pandemic, rising authoritarianism, high inequality, and rapidly escalating costs of living across the world. These and other factors have contributed to significant suffering and widespread human rights abuses. Many crucial issues related to these crises have come before national courts and judges in all regions have had to grapple with unprecedented legal and factual questions, often without the resources or time they need.

In this context, independent judges have never been more important, and to the shame sometimes of the global community. The very independence, competence, and wisdom these judges bring to their work is sometimes the thing that puts them in danger.

Democratic backsliding and rising authoritarianism are compromising the integrity of legal systems and creating grave risks for judges and lawyers. Powerful actors with a strong interest in capturing and weakening systems that would otherwise provide a check on power are adopting a range of tactics.

This playbook includes overt threats and intimidation, removal from office criminalization and attempts to pay for silence. But the playbook also includes stealth attacks on judicial independence, such as the transfer of independent judges to courts far from their families, amendments to laws and regulations concerning judicial retirement, pensions, and salaries, all in efforts to quiet opposition to creeping authoritarian tendencies.

Another trend that is very concerning was recently highlighted by the UN Working Group on Business and Human Rights, which found that companies sometimes use courts, “As avenues either to silence criticism, or to influence political outcomes.” And by bringing so-called SLAPP suits—strategic lawsuits against public participation that aim to intimidate and burden critics of a company in order to silence them and others who might speak up.

The situation is very concerning. Judges are asked to spend time on abusive lawsuits when lawyers and paralegals face possible penalties for the simple act of defending the environment, indigenous communities, or human rights defenders. Stepping back for a moment, let's think about why independent judges are so important, even in settings where autocratization is not underway.

An independent judiciary is vital to the protection of all human rights. It's absolutely essential to resisting undue influence, ensuring equality, and providing remedies for justice problems. It's easy to understand why judicial independence is important.

When you think about the forces that could make a judge unfair, imagine a judge who is required to pledge loyalty to a leader to get their position. Imagine a judge who's not paid a decent salary and becomes vulnerable to bribes. Or think about judges who harbor discriminatory attitudes towards some populations or believe women are inferior.

Would you want to bring your case before this judge? No one would. And yet for some this is not unusual. Guarantees of judicial independence and integrity, structural, legal, and individual are all important for ensuring that all people, no matter their station or their situation, can get a fair hearing.

And these fair hearings are important when human rights are on the line. According to the World Justice Project, 2022 is the fifth year in a row that the rule of law has declined in most countries and respect for core human rights and freedoms are falling in two-thirds of the countries this year alone.

Regionally, WJP data demonstrates the same decline in constraints on government powers in Asia over the past several years. The latest varieties of democracy report notes that quote, the Democratic decline is especially evident in Asia Pacific, where the degree of liberal democracy enjoyed by citizens is down to levels last seen in 1986, some 35 years ago.

As the Special Rapporteur on the independence of judges and lawyers, I have a unique opportunity to cooperate with rights holders, civil society, UN member states, and other rule of law allies to ensure that our legal institutions and justice systems are really fit for purpose, that they can support the realization of human rights for all.

The mandate is also uniquely positioned to monitor and respond to some of the threats to judges that we've discussed this morning. I plan to respond as those threats occur, but also to connect disparate cases, identify systemic abuses, and name important regional and global trends. Cooperation with civil society, the academy and member states are crucial to this endeavor.

I'm eager to amplify the lessons not only that lawyers and judges have, for those of us trying to protect the rule of law, but also to amplify the lessons that grassroots justice advocates have for other justice operators, those who are excluded from the protection of legal systems. Have often overlooked insights and knowledge for those running the systems.

By listening to those bearing the brunt of injustice, we can focus on the things that need to change. In closing, I invite you to reflect on your role in upholding judicial independence. Decaying norms and the slow degradation of legal systems are sometimes hard to discern. Laws are adopted, executives reach further, judges come under pressure, and this is where you come in.

I encourage you to lift your voices in support of an independent judicial system in which judges of diverse backgrounds and life experience can serve with integrity and insecurity. Thank you very much.

Professor Satterthwaite is an international human rights scholar and practitioner with decades of experience in the field. She is a Professor of Clinical Law at New York University School of Law, where she directs the Global Justice Clinic and serves as a faculty director of the Robert and Helen Bernstein Institute for Human Rights and the Center for Human Rights and Global Justice. She was appointed as the UN Special Rapporteur on the independence of judges and lawyers in October 2022.

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The first amendment, historic document, federalist 78 (1788).

Alexander Hamilton | 1788

On May 28, 1788, Alexander Hamilton published Federalist 78—titled “The Judicial Department.”  In this famous Federalist Paper essay, Hamilton offered, perhaps, the most powerful defense of judicial review in the American constitutional canon.  On the one hand, Hamilton defined the judicial branch as the “least dangerous” branch of the new national government.  On the other hand, he also emphasized the importance of an independent judiciary and the power of judicial review.  With judicial independence, the Constitution put barriers in place—like life tenure and salary protections—to ensure that the federal courts were independent from the control of the elected branches.  And with judicial review, federal judges had the power to review the constitutionality of the laws and actions of the government—ensuring that they met the requirements of the new Constitution. Other than Marbury v. Madison (1803), Hamilton’s essay remains the most famous defense of judicial review in American history, and it even served as the basis for many of Chief Justice John Marshall’s arguments in Marbury itself.

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According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions and among the rest, to that of this State. . . . The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. . . .

There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.

If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their WILL to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. . . .

If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.

This independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community. . . . Until the people have, by some solemn and authoritative act, annulled or changed the established form [of government], it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act. But it is easy to see, that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community.

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  • There is nothing more important than to “preserve, protect and promote” the independence of the judiciary at all levels” CJI N V Ramana said.

What is Independence of the Judiciary?

  • Which can take its decision without any interference of the executive or legislative branch of government. 
  • Judicial Independence is guaranteed in the constitution and reaffirmed by the Kesavananda Bharati (1973) Judgement.  
  • The Judiciary keeps in check the executive and Legislature in accordance with the derived from Article 13 .
  • Separation of judiciary from the executive ( Article 50 )

Provisions that ensure Judicial Independence

  • Judges continue to remain in office till they reach the age of 65 years in the case of judges of the Supreme Court ( Art. 124(2) ) and 
  • 62 years in the case of judges of the High Courts ( Art. 217(1) ).
  • They cannot be removed from the office except by an order of the President and that too on the ground of proven misbehaviour and incapacity.
  • Also by a majority of no less than two-third of the members of the house present and voting.
  • It is so complicated that there has been no case of the removal of a Judge of the Supreme Court or High Court under this provision.
  • The judges are independent as their salaries and allowances are fixed and are not subject to a vote of the legislature.
  • Parliament can only add to the powers and jurisdiction of the Supreme Court but cannot curtail them. 
  • In civil cases, Parliament may change the pecuniary limit for the appeals to the Supreme Court.
  • Both the Supreme Court and the High Court have the power to punish any person for their contempt.
  • Article 129 provides that the Supreme Court shall have the power to punish for contempt of itself. 
  • Likewise, Art. 215 lays down that every High Court shall have the power to punish for contempt of itself.
  • Article 50 states that the state shall take steps to separate the judiciary from the executive in the public services of the state.

Need for Independent judiciary  

  • The decisions of the constitutional courts of this country have enabled social democracy to thrive
  • To function with absolute independence and necessary boldness in the face of adversity defines the character of the Indian judiciary.
  • Judiciary’s ability to uphold the Constitution sustains its impeccable character.
  • The immense trust reposed by the public at large upon the judiciary, as a last resort of hope.
  • A robust justice delivery system at the grassroots level ensures better functioning of the state.
  • To uphold the democratic principle of accountability. 
  • It helps to keep the executive and legislature accountable to the people through judicial review and judicial activism .
  • The written constitution is considered as the basic law of the land and requires some authority to interpret it without prejudice and self-interest.
  • The stark divide between the haves and have nots is still a reality
  • Only an impartial and independent judiciary protects the rights of the individual without fear and favour.
  • Without an independent judiciary, we will have a dictatorship, as the executive will be able to do whatever it likes.

Issues with Judicial Independence

  • India’s judges have been appointed by a “Collegium” of judges.
  • Collegium considers the opinion of the government when appointing judges, but the final decision about who to appoint rests with the judiciary.
  • Their decisions are taken behind closed doors, and the opacity of the process has been a long-standing issue.
  • There is opacity in the internal workings of the Court that impact independent decision-making.
  • The Chief Justice of India, as the senior-most judge of the Court, decides the allocation of certain cases to judges and benches of judges.
  • Some judges have spoken out publicly on the opaqueness and case allocation procedures of the Supreme Court.
  • Criticisms point to many issues with the procedure, which included the allocation of politically sensitive cases to favourable judges.
  • Often, judges who have favours or relationships with senior judges of the Supreme Court or the Executive get promoted to or appointed to more favourable positions.
  • Since there is no system of checks on the Supreme Court, it can interfere with the purview of the legislature and judiciary.

Way Forward

  • Judicial independence ensures public confidence as an institute of the last resort where justice will be served despite any opposition and Influence.
  • People place high credibility and trust in the judiciary to get justice in case of any kind of misconduct by the executive.
  • The latter clause and confidence will be meaningless if executive interference is allowed into the process of judicial proceedings as well as judicial bias over the executive.

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Daily current affairs 10-02-2024, daily current affairs 09-02-2024, daily current affairs 08-02-2024, idea of “viksit bharat” .

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Essay: Independent judiciary

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Introduction

“All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.”- Andrew Jackson

A need of Independent judiciary is recognised by almost all of the countries of the world. This is because the role played by the judiciary is not only to adjudicate disputes between parties but also to keep in check the exercise of legislative and executive powers by the Government, and thereby ensuring that the constitution protections guaranteed to the citizens are not taken by the arbitrary actions of the Government. The judiciary by ensuring that the legislature or executive do not transgress their powers or arbitrary exercise them, ensures rule of law and a free and prosperous society. The independence of judiciary is generally secured by the constitution but it can be secured by the legislation, conventions and other suitable norms and practices. But the totality of the independence is secured by favourable environment created and secured by all state organs and public opinion. The framers of Constitution of India while incorporating the doctrine of Separation of Powers (although not in strict sense) and federal structure knew that for the effective implementation of these principles there was a need of independent judiciary which could act as a watchdog to oversee that the legislature and executive exercises the power vested in it in the manner prescribed by the constitution. Further, since the judicial review forms part of the basic structure of the constitution it is very necessary that judiciary should be free from the legislative or the executive control and for that to be achieved it was absolutely imperative that the appointment of judges to the courts should be free from the control of the legislature and executive or should be subject to least amount of control. The procedure of appointing judges to the higher courts in India has been a subject to a number of debates and marred with controversies since the beginning. Recent passage of National Judicial Appointment Commission Act, 2014 and the subsequent decision of the Supreme Court holding the act unconstitutional and restoration of the collegiums system have to some extent diminished the credibility of the judiciary in India. Also the pendency of more than 400 vacancies in various High Courts also shows how tenuous the relationship between the judiciary and the executive has become. In light of these circumstances this term paper tries to comparatively study the method of appointment of judges to the highest courts of US, UK and India. Comparative study is made so as to examine the best practices in these three countries and to see whether some of the features can be borrowed from these countries in order to make the appointments to the Supreme Court of India independent and transparent. Indian Position History The Constitution of India establishes a Supreme Court which consists of a Chief Justice of India and 30 Judges (present position). The framers of the Constitution of India after going through various proposals which were put forth in front of them for the appointment of judges to the Supreme Court of India finally came to the conclusion that, “Judges of the Supreme Court are to be appointed by the President of India after consultation with such of the judges of the Supreme Court and the High Court as the President may deem necessary”. The Chief of Justice of the Supreme Court was appointed on the basis of the seniority. The president exercised this power formally and like all other matters the executive was in driving seat in the matter of appointment of judges and either there was no consultation or it took place behind the closed doors. Despite the criticism of the Law Commission in 14th Law Commission Report and changes recommended therein there were no changes made in the process of appointment of Judges. This formula of appointment had worked quiet pleasingly until the Supreme Court started interfering in the exercise of power by the executive and legislature (Golak Nath and Keshva Nanda Bharti Cases) whereby the Government in the year 1973 departed from the settled practice of appointing senior most judge of the Supreme Court as the Chief Justice of India by appointing Justice A.N. Ray who was fourth in line of seniority after superseding Justice Shelat, Justice Grover and Justice Hegde, which led to resignation of the above mentioned three judges. On the retirement of Justice Ray, Justice Khanna who was the senior most judge, was again superseded by Justice beg mainly due to Justice Khanna’s dissenting opinion in the case famously known as Habeas Corpus Case . Also during the days of emergency several judges of the High Courts were transferred and the services of various additional judges whose judgements were in conflict with the interests of the Government. Due to all this in the year 1977 when the emergency ceased and Congress Government was toppled, Law Commission was requested by the new Government to look into the matter of appointment of judges. Law Commission in its 80th Report while stressing upon the need of having the persons of the highest calibre to be appointed as judges of the Supreme Court and the High Court stated that the Chief Justice while making a recommendation should consult 3 senior most judges of the court and the CJI should also incorporate the views of those consulted in the recommendation and unanimous recommendation of the panel should be normally accepted by the executive. In respect of appointment of CJI the commission recommended (keeping in mind the history related to the post) that the senior most judge should be appointed as the Chief Justice of India (same is the position till date). Development through Case Law In view of the prevailing executive high handedness in the matter of the judicial appointments, several writ petitions filed in the various High Courts were transferred to the Supreme Court and were heard by a seven judge bench in S.P. Gupta v. Union of India (also known as Judges Transfer case). The court while holding “Independent Judiciary” as a basic feature of the constitution went on to examine various questions relating to appointment of judges both in Supreme Court and High Court these can be summarised as follows: 1. That there must be a real and effective consultation between the President and CJI and other judges as the President deems fit and the question whether consultation has taken place or not would be justiciable and if required all the relevant material will be placed before the court. 2. Regarding the appointment of judges of High Court it was held that the proposal of appointment could emanate from Governor, Chief Justice of High Court or Chief Justice of Supreme Court and CJI did not occupy any higher position. 3. Interpreting the word “consultation” court held that consultation does not mean concurrence and so even though President was required to consult the CJI and other judges he was not bound by it and he could appoint judges without agreeing to them. To that end this judgement gave supremacy to the executive on the matters of appointment of judges. This judgement did not find favour with many jurists and was even the Law Commission was not happy with the situation prevailing at that time and in its report specifically mentioned that “the recent developments has given apprehension that the independence of Judiciary, said to be cardinal feature of the Constitution, is likely to suffer erosion at the hands of executive”. Commission further stated that the judgement laid down in S.P Gupta case accepted the view laid down by the founding fathers but at the same time opined that the present mechanism had failed to achieve the objectives for which it was laid down and has thus become dysfunctional. So the commission after going through various methods of appointments being followed in different countries suggested setting up of National Judicial Commission. Commission however, did not decide upon the functioning and composition of the judicial commission. Like many other reports this report also did not hold much water and was not implemented. The question of judicial appointments again cropped up before the apex court in Supreme Court Advocate-on-record v. Union of India which was heard by a 9-judge bench and the court by a majority of 7:2 the court while reiterating that independent judiciary formed part of basic structure the court reversed its earlier decision in S.P Gupta case stating that…  

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Essay on Independence of Judiciary

Students are often asked to write an essay on Independence of Judiciary in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Independence of Judiciary

Introduction.

The judiciary is an essential part of a democratic system. Its independence means it is free from interference by the legislative or executive branches of government.

Importance of Independence

Independence ensures fair justice. Judges can make decisions without fear, favor, or bias. It upholds the rule of law, protecting citizens’ rights.

Threats to Independence

Threats include political pressure, corruption, and lack of resources. These can undermine the judiciary’s ability to function independently.

Independence of the judiciary is crucial for democracy. It must be safeguarded to ensure justice and protect citizen rights.

250 Words Essay on Independence of Judiciary

The independence of the judiciary is an indispensable part of a democratic society, aiming to protect the rights and freedoms of citizens. It means that judges and other judicial officers are free to make decisions without interference from the executive or legislative branches of government or from any other outside pressure.

The Significance of Judicial Independence

Judicial independence is significant as it ensures the rule of law, upholds the constitution, and safeguards human rights. It ensures that justice is administered impartially, thereby fostering public confidence in the system. Judges free from external pressures can base their decisions solely on the facts and the law, ensuring a fair trial for all parties involved.

Threats to Judicial Independence

Despite its importance, judicial independence faces numerous threats. Political interference, corruption, lack of adequate resources, and public pressure are some of the challenges that can compromise the independence of the judiciary. These threats undermine the ability of the judiciary to perform its functions effectively and impartially.

Safeguarding Judicial Independence

To safeguard judicial independence, it is crucial to implement measures such as the separation of powers, security of tenure for judges, and adequate remuneration. Additionally, transparent appointment processes, judicial accountability, and professional development for judicial officers can reinforce the independence of the judiciary.

In conclusion, judicial independence is a cornerstone of democracy, ensuring justice and upholding the rule of law. Despite the challenges, it is essential to continually strive to protect and enhance this independence for the sake of a fair and just society.

500 Words Essay on Independence of Judiciary

The independence of the judiciary is a cornerstone of any democratic society. It ensures that the judicial branch of the government operates independently from the legislative and executive branches, thereby maintaining a system of checks and balances. This independence is critical in preserving the rule of law, protecting individual rights, and ensuring a fair and impartial system of justice.

The Concept of Judicial Independence

Judicial independence refers to the ability of judges to make decisions free from influence or pressure from other branches of government or from private or partisan interests. It is a principle that is enshrined in many constitutions across the world, including the United States and India. It is based on the idea that judges should be able to make decisions based on the law and facts, not on political considerations or public opinion.

The Importance of Judicial Independence

Judicial independence is fundamental to the rule of law and democracy. It ensures that judges can make decisions that are fair, impartial, and in accordance with the law, even if those decisions are unpopular. It also allows the judiciary to act as a check on the powers of the executive and legislative branches of government, preventing abuses of power and upholding the rights and freedoms of individuals.

Despite its importance, judicial independence is under threat in many parts of the world. Political interference, corruption, and lack of resources can all undermine the independence of the judiciary. For example, when judges are appointed based on political considerations rather than merit, it can compromise their ability to make impartial decisions. Similarly, when judges are subject to political pressure or threats, it can affect their ability to uphold the rule of law.

Preserving Judicial Independence

Preserving judicial independence requires a commitment to the rule of law and the separation of powers. Judges should be appointed based on merit and should be protected from political pressure or influence. They should also be adequately resourced and trained to carry out their duties effectively. Furthermore, there needs to be transparency and accountability in the judicial system to maintain public trust and confidence.

In conclusion, the independence of the judiciary is a crucial element of a democratic society. It ensures that the judiciary can fulfill its role in upholding the rule of law, protecting individual rights, and providing a check on the powers of the other branches of government. Despite the challenges, it is essential to safeguard the independence of the judiciary to maintain the integrity of our democratic systems.

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Essay on “Independence of the Judiciary” for CSS, PMS and Judiciary Examination

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  • March 28, 2021
  • Essay for CSS PMS and Judiciary Exam

Here you will find the Essay on “Independence of the Judiciary” for CSS, PMS, and Judiciary Examination. “Independence of the Judiciary” is the most demanding thing in any state of the world. In easy words, it means that the judiciary should not be under any other institution and it should work independently and fairly to provide justice. The Judges should have no pressure and they are free to give their judgments without any undue favor or influence.

Essay on “Independence of the Judiciary”

In the law, the judiciary or judicial system is the system of courts that administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. The term is also used to refer collectively to the judges, magistrates, and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly.

Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. In most cases, judicial independence is secured by giving judges long, and sometimes lifetime, tenure and making them not easily removable.

Judicial independence is generally thought important for the rule of law that judges should not be easily dismissible. This is typically guaranteed in constitutions. There are the following basic principles for the independence of the judiciary:

  • The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
  •  The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason.
  • The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.
  • There shall not be any inappropriate or unwarranted interference with the Judicial process, nor shall judicial decisions by the courts be subject to revision This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the Judiciary, in accordance with the law.
  • Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures.  Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals.
  • The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
  • It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
  • In accordance with the Universal Declaration of Human  Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association, and assembly; provided,  however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.
  • Judges shall be free to form and join associations of judges or other organizations to represent their interests, promote their professional training, and protect their judicial independence.
  • Persons selected for judicial office shall be individuals of the integrity of any ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, color, sex, religion, political or other opinions, national or social origin, property, birth, or status. Except that a requirement, that a candidate for judicial office must be a national of the country concerned shall be not considered discriminatory.
  • The term of office of Judges, their independence, security, adequate remuneration, conditions of service, pensions, and the age of retirement shall be adequately secured by law.
  • Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age of the expiry of their term of office, where such exists.
  • The promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability integrity and experience.
  • The assignment of cases to judges within the court to which they belong is an internal matter of judicial administration. professional secrecy and immunity.
  • The judiciary shall be bound by professional secrecy with regard to their deliberations and to confidential information acquired in the course of their duties other than in public proceedings, and shall not be completed to testify on such matters.
  • Without prejudice to any disciplinary procedure or to any right of appeal or to compensation from the State, in accordance with national law, judges should enjoy personal immunity from civil suits for mandatory damages for improper acts or omissions in the exercise of their judicial functions.
  • A charge or complaint made against a judge in his/her judicial professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judges shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential unless otherwise requested by the judge.
  • Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties.
  • All disciplinary, suspension, or removal proceedings shall be determined in accordance with established standards of judicial conduct.
  • Decisions in disciplinary, suspension, or removal proceedings should b subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.

Guaranteed judicial independence is the first step towards the meaning of reform and revival of the nation of any country. The holy Quran warned us that the way to destroy people is to facilitate rampant profligacy among the rich.

The moral decay of a country’s elites, whose excessive lust for money, privilege, and power spreads corruption in the fabric of their societies, eventually leads towards total collapse it would, therefore, seem unwise for us as a nation to remain passive in the face of the series of misfortunes that have befallen us in the last few years, ranging from such tragedies as the horrendous fire in a state threat to repeated train and road accidents, the pollution of our air, water, and food, the widespread use of dangerous fertilizers, chaotic traffic, and the disappearance of already scaring prime agricultural land, to name just a few paramount concerns.

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Russian Court Directory

The moscow city court.

Address: 8 Bogorodsky val, Moscow, Russia, 107076

Site: http://www.mos-gorsud.ru/

The Moscow City Court was established on Dec. 16, 1932.

The Moscow City Court has a presidium whose objectives include rectifying judicial errors that the board of justices failed to timely correct at the appeals stage, as well as examining summary reviews of court practice, crime statistics, reports on the court's activities and other issues.

The court presidium and its chairperson are authorized to approve the composition of the boards of justices in criminal and civil cases, which are headed by chairpersons.

The boards of justices consist of several panels.

The Moscow City Court boards of justices consider cases as the first instance court and the second appeals instance. By reviewing appeals as the second instance, the boards of justices at the Moscow City Court oversee the activities of district courts in Moscow.

The Moscow City Court considers the most important and intricate criminal and civil cases referred by governing laws to its jurisdiction.

The most crucial event for administering justice in Russia was judicial reform and its main achievement was the establishment of an independent judiciary.

The reform has upheld the high status of judges and firmly guaranteed judges' independence. The Federal Law On the Status of Judges incorporates practically all the positive experience of the world’s democracies in giving substance to the principles of judges’ self-reliance and independence.

As a country integrated into the international legal environment, Russia has recognized the European Court of Human Rights’ jurisdiction that allowed it to expand the judicial protection of Russian citizens’ rights and freedoms. Russia will also now have to comply with higher standards of justice and meet more stringent requirements regarding the timeframe of legal proceedings.

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Tin Mill Products from Canada, China, and Germany Do Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of tin mill products from Canada, China, and Germany that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the Government of China. 

The Commission further found that the imports of these products from South Korea that Commerce has determined are sold in the United States at less than fair value are negligible and voted to terminate the antidumping duty investigation concerning South Korea.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the negative with respect to the antidumping and countervailing duty investigations for Canada, China, and Germany. They made a finding of negligibility with respect to the antidumping duty investigation involving South Korea.

As a result of the Commission’s negative determinations, no antidumping and countervailing duty orders will be imposed on imports for Canada, China, and Germany. As a result of the finding of negligibility, the antidumping duty investigation regarding imports from South Korea will be terminated.

The Commission’s public report Tin Mill Products from Canada, China, Germany, and South Korea  (Inv. Nos. 701-TA-685 and 731-TA-1599-1601 and 731-TA-1603  (Final), USITC Publication 5492, February 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 13, 2024; when available, it may be accessed on the USITC website at:  http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp .

UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, DC 20436

FACTUAL HIGHLIGHTS

Tin Mill Products from Canada, China, Germany, and South Korea Investigation Nos. 701-TA-685 and 731-TA-1599-1601, 1603 (Final)

Product Description:  The products covered by these investigations are tin mill flat-rolled products that are coated or plated with tin, chromium, or chromium oxides. Flat-rolled steel products coated with tin are known as tinplate. Flat-rolled steel products coated with chromium or chromium oxides are known as tin-free steel or electrolytic chromium-coated steel. The scope includes all the noted tin mill products regardless of thickness, width, form (in coils or cut sheets), coating type (electrolytic or otherwise), edge (trimmed, untrimmed or further processed, such as scroll cut), coating thickness, surface finish, temper, coating metal (tin, chromium, or chromium oxide), reduction (single- or double-reduced), and whether or not coated with a plastic material.

Status of Proceedings:

  • Type of investigations: Final countervailing duty and antidumping duty investigations. 
  • Petitioners: Cleveland-Cliffs Inc., Cleveland, Ohio; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union ("USW"), Pittsburgh, Pennsylvania. 
  • USITC Institution Date:  Wednesday, January 18, 2023.
  • USITC Hearing Date:  Thursday, January 4, 2024.
  • USITC Vote Date:  Tuesday, February 6, 2024.
  • USITC Notification to Commerce Date:  Monday, February 26, 2024.

U.S. Industry in 2022:

  • Number of U.S. producers:  3.
  • Location of producers’ plants:  California, Indiana, Ohio, and West Virginia.
  • Production and related workers:  1
  • U.S. producers’ U.S. shipments:  1
  • Apparent U.S. consumption:  1
  • Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2022:

  • Subject imports:  1
  • Nonsubject imports:  1
  • Leading import sources:  Canada, Germany, Netherlands.

1 Withheld to avoid disclosure of business proprietary information.

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To the Editor:

Re “ The ‘Gig’ Label Is Being Used to Exploit Workers ,” by Terri Gerstein (Opinion guest essay, Jan. 29):

We are the freelance writers and editors Ms. Gerstein mentioned who are suing the Department of Labor over the independent contractor rule that will, as she said, “ make it harder for employers to treat workers as independent contractors rather than employees.” So let us explain.

The Department of Labor acknowledges in its 339-page rule published Jan. 10 that most of the public comments made by independent contractors expressed opposition to the rule, “criticizing the Department’s proposed economic reality test as ambiguous and biased against independent contracting.”

There are now more than 70 million independent contractors, comprising a significant portion of the U.S. work force, and study after study shows that 70 percent to 85 percent of us wish to remain self-employed. The independent contractor rule is just the latest in the Biden administration’s ongoing freelance-busting assault on our rights to be in business for ourselves.

Like the vast majority of independent contractors in America, we choose self-employment. This rule, slated to take effect on March 11, will restrict our right to engage in business contracts with our clients on our own terms. We hope the district court will invalidate the rule and protect our careers.

Jen Singer Kim Kavin Debbie Abrams Kaplan Karon Warren The writers are the co-founders of Fight for Freelancers USA.

Terri Gerstein conflates the gig economy model with the independent contractor model and blames it for the ills and exploitation of independent contracting and gig work.

Ms. Gerstein uses the case of dishwashers exploited by a temporary agency. For such cases, federal and local statutes already on the books could address this minority of misclassification cases.

But in order to justify taking away the autonomy, rights and earning potential of tens of millions of independent contractors, as the latest Department of Labor rule seeks to do, Ms. Gerstein ignores the professional class of “solopreneurs”: journalists, lawyers, E.R. doctors, nurse practitioners and musicians, as well as the small-business owners who rely on this type of skilled professionalism to maintain and further their businesses.

Ms. Gerstein barely mentions this class, which makes up the majority of independent professionals. Instead, she champions changes in laws and regulations that ultimately would do nothing to help the low-wage workers, while doing great damage to true independent contractors.

Jennifer Oliver O’Connell Muscle Shoals, Ala. The writer, a small-business owner and independent contractor, is a visiting fellow with the Center for Economic Opportunity at Independent Women’s Forum.

In my sixth decade of voting, I find myself with a different perspective. Age and voting experience have made me a bit less idealistic, just a little more realistic and, quite frankly, a lot more frightened.

The year 2016 changed things for me. I wasn’t overly concerned when Donald Trump first rode down the escalator. I didn’t believe he would ever win the nomination. And as he gained Republican delegates, I figured that wasn’t a bad thing. He would be the easiest candidate to defeat.

Now only Nikki Haley stands between Mr. Trump and the Republican nomination. Do I again fall into the potential trap of believing that Mr. Trump is unelectable — and the easiest candidate to defeat?

President Biden has had incredible accomplishments, at home and abroad. His policies are by far the best of any candidate, and I support him enthusiastically.

But given 2016, should I hope Republicans see the light and nominate Ms. Haley, who is far from perfect but, from appearances at least, far less dangerous than Mr. Trump?

It’s possible I may not like the result of a Biden-Haley matchup, but at least the survival of our democracy, and perhaps even world order, would not be on the ballot.

Stephen Gladstone Shaker Heights, Ohio

Re “ Extinction Panic Is Back, Right on Schedule ,” by Tyler Austin Harper (Opinion guest essay, Jan. 28):

Mr. Harper wants us to feel reassured that actual life-changing threats to human well-being are nothing more than predictable bouts of “extinction panic” that temporarily upend global complacency. You know, take some deep breaths and we’ll be fine.

I can’t predict how and when global warming will actually overtake our ability to mitigate its consequences, or if A.I.-powered robots will ever supersede human dominance. But I do worry about two specific disasters that could rock our world imminently and deserve more than a kind of “what me worry?” academic dismissal as just another cycle of extinction panic.

First, less than a year ago, the head of the World Health Organization, Tedros Adhanom Ghebreyesus, warned that we could soon be facing a pandemic far deadlier than Covid-19. Heightened surveillance, prevention and treatment research for new pathogens must be stepped up now.

Second, Mr. Harper seems to wave off the threat of nuclear conflict as just Cold War brinkmanship redux. Vladimir Putin’s finger is on the trigger of the world’s largest nuclear arsenal, and North Korea’s unstable Kim Jong-un is increasingly obsessed with growing his own stockpile.

Add to that, the other seven nuclear-armed nations are always on high alert. And we should worry that Russia seems to be withdrawing from one arms control agreement after another.

So, no, Mr. Harper, this is far more than just another outbreak of “extinction panic.” It’s the real deal.

Irwin Redlener New York The writer, a pediatrician, is founding director of the National Center for Disaster Preparedness at Columbia University.

Re “ Florida Cuts Sociology as a Core Course ” (news article, Jan. 28):

When Florida’s state university system dropped “Principles of Sociology” from its list of approved undergraduate core offerings, the point was not actually protecting innocent college students from “woke ideology,” as the state education commissioner, Manny Diaz Jr., claimed.

After all, Florida students had several options for meeting the social science requirement. Nobody forced them to take sociology; they could have easily taken something else. They chose it, in sizable numbers.

Sociology often focuses attention on issues of inequality, race and gender — topics that Florida’s government would apparently prefer go unmentioned. Many college students, however, welcome the chance to discuss and learn about such issues of vital public and often personal relevance.

The effect of dropping this core credit will almost certainly lower sociology enrollments, and thus majors, perhaps priming departments for elimination. Courses may then vanish, but the issues they address will remain, whatever Gov. Ron DeSantis would like.

Daniel F. Chambliss Clinton, N.Y. The writer is emeritus professor of sociology at Hamilton College and the co-author of “How College Works.”

Re “ After 500 Years, Mexican Bullfighting Faces a Mortal Challenge ” (front page, Feb. 4):

What kind of collective disconnect does it take for 42,000 people to cheer and celebrate as bulls wail in agony as swords are plunged into their spines and they die in a pool of blood?

Philip Tripp Largo, Fla.

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Moscow court refuses to hear appeal by detained US journalist Evan Gershkovich

This is the first instance of a western journalist being arrested on espionage charges in russia since the end of the cold war, article bookmarked.

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WSJ reporter Evan Gershkovich appears in Russian court for appeal hearing

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A Moscow court has shot down an appeal by Wall Street Journal reporter Evan Gershkovich challenging a decision to extend his pre-trial detention.

Gershkovich, 31, was arrested almost six months ago in Russia on spying charges. Russian officials accused him of collecting state secrets about the military. He – along with the Wall Street Journal and the US government – denies these allegations.

The decision to extend his pre-trial detention had been made in August.

Last week, US ambassador to the UN Linda Thomas-Greenfield and Gershkovich’s family called for his immediate release from Moscow’s Lefortovo prison.

The Moscow city court on Tuesday upheld its initial ruling. A judge in Lefortovo Court in Moscow extended the journalist’s pre-trial detention until 30 November. The hearing was held behind closed doors.

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The WSJ journalist will remain in jail until then, reported Russia’s Tass news agency.

“The Moscow City Court considered the lawyers’ complaint in a closed court session and decided to remove the material regarding E Gershkovich from appeal consideration, and send the material to the Lefortovo District Court of Moscow to eliminate the circumstances impeding the consideration of the criminal case in the appellate court,” the court said in a statement.

It remains unclear why the court refused to consider Gershkovich’s appeal. The case is expected to be returned to a lower court.

The 31-year-old American citizen had been granted accreditation by Russia’s foreign ministry to work there as a journalist. He was arrested by agents of the Federal Security Service (FSB), the successor agency to the KGB, during a reporting assignment in the Russian city of Yekaterinburg on 29 March this year.

This is the first instance of a Western journalist being arrested on espionage charges in Russia since the end of the Cold War.

If Gershkovich gets convicted, he could face up to 20 years in prison. According to Russian law, people found guilty of espionage can potentially receive a maximum prison sentence of 20 years.

US envoy to Russia Lynne Tracy, who was present in the courtroom on Tuesday, told the media: “The US position remains unwavering. The charges against Evan are baseless. The Russian government locked Evan up for simply doing his job. Journalism is not a crime.”

“Evan is fully aware of the gravity of his situation, yet he remains remarkably strong,” she said.

To mark Gershkovich’s 100 days in jail since July this year, the White House press secretary said: “The world knows that the charges against Evan are baseless – he was arrested in Russia during the course of simply doing his job as a journalist, and he is being held by Russia for leverage because he is an American.”

After visiting the journalist in prison, Ms Thomas-Greenfield said: “No family should have to watch their loved one being used as a political pawn. And that’s exactly what President [Vladimir] Putin is doing. Russia’s actions are beyond cruel, and they are a violation of international law.”

US president Joe Biden said in July that he was “serious on a prisoner exchange”.

“And I’m serious about doing all we can to free Americans being illegally held in Russia, or anywhere else for that matter, and that process is underway,” he said.

“President [Joe] Biden spoke to us and gave us a promise to do whatever it takes” to bring Gershkovich home, his parents, Ella Milman and Mikhail Gershkovich, said in a July interview with ABC News.

“He told us he understands our pain,” said Ms Milman, the mother of the WSJ journalist.

In a letter earlier this month to the UN’s working group on arbitrary detention, lawyers for the WSJ ’s publisher accused Mr Putin of using Gershkovich as a pawn and of “holding him hostage.”

The lawyers argue that Mr Putin wants to use Gershkovich “to gain leverage over – and extract a ransom from – the United States, just as he has done with other American citizens whom he has wrongfully detained”.

The letter said Gershkovich’s ongoing detention “is a flagrant violation of many of his fundamental human rights”.

In June this year, nearly three dozen US senators wrote a letter to Gershkovich expressing their “profound anger and concern” over his detention in the Russian prison.

The letter said a “free press is crucial to the foundation and support of human rights everywhere” and that every day he spends in a Russian prison “is a day too long”.

“We applaud you for your efforts to report the truth about Russia’s reprehensible invasion of Ukraine, a conflict that has resulted in untellable atrocities, tragedies, and loss of life,” the letter read.

It said the senators “understand the enormous burden you may feel as the Russian government uses you as a political tool”.

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IMAGES

  1. THE INDEPENDENCE OF THE JUDICIARY

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COMMENTS

  1. Independent Judiciary Resources

    Essays on the Courts The Defending Justice, a joint production of Standing Committee on the American Justice System and the ABA Journal, provides a series of thoughtful essays about topics related to judicial independence written by prominent judges, lawyers, ABA members, and advocates for fair, impartial, effective courts. Read - Essays

  2. The Role of an Independent Judiciary in Protecting Rule of Law

    An independent judiciary is vital to the protection of all human rights. It's absolutely essential to resisting undue influence, ensuring equality, and providing remedies for justice problems. It's easy to understand why judicial independence is important.

  3. A Independence Judiciary and Separation of Powers

    Judicial independence is required by the doctrine of separation of powers. While we do not have an independent judiciary, in the American sense, we do protect the independence of individual judge. [ 1 ] A previous Lord Chancellor, Lord Mackay has written that the independence of the judiciary is rightly regarded as a key principle of the ...

  4. Federalist 78 (1788)

    Alexander Hamilton | 1788 Summary On May 28, 1788, Alexander Hamilton published Federalist 78—titled "The Judicial Department." In this famous Federalist Paper essay, Hamilton offered, perhaps, the most powerful defense of judicial review in the American constitutional canon.

  5. The Concept of Judicial Independence

    Besides, the judiciary independence also means that judges must be free to interpret the laws independently, impartially and objectively without subject to any undue outside pressure from the police, the government, the military, public opinion, or any other interested body or person in order for justice to be performed.

  6. Effects of an Independent Judicial System on the Democracy of the State

    An independent judiciary plays a vital role in a democratic society as principles of judicial independence align with principles of democracy such as fairness and the rule of law. This is laid out in judicial independence as undue political influence is important and offers protection for minority rights and checks against other abuses of power.

  7. Independent Judiciary

    Judicial review of the acts of government is the most politicized aspect of the behavior of courts. Judicial involvement in the political process and collective choice raises a fundamental question: Decision-making by an independent but unelected judiciary may go against deep-seated notions of majority decision-making and electoral accountability.

  8. Basic Principles on the Independence of the Judiciary

    1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. 2. The judiciary shall decide matters before them impartially, on the basis of facts and in ...

  9. Independence of Judiciary

    What is Independence of the Judiciary? Fair and neutral judicial system: Which can take its decision without any interference of the executive or legislative branch of government. Mentioned in Basic Structure of Constitution: Judicial Independence is guaranteed in the constitution and reaffirmed by the Kesavananda Bharati (1973) Judgement.

  10. Judicial Independence Essay

    Critically discuss the doctrine of judicial independence and the most important innovations brought about by the Constitutional Reform Act 2005. The doctrine of judicial independence, put simply, is that the judiciary is independent and impartial, independent of the other branches of government, and impartial in its application of the law.

  11. Opinion

    Democracy, she wrote, requires free elections, recognition of basic human rights and the rule of law — and separation of powers and an independent judiciary. Judicial oversight of Parliament is ...

  12. Independent judiciary

    Essay: Independent judiciary by Essay Sauce Essay details and download: Subject area (s): Law essays Reading time: 5 minutes Price: Free download Published: 18 February 2017* File format: Text Words: 1,409 (approx) Number of pages: 6 (approx) Text preview of this essay: This page of the essay has 1,409 words. Download the full version above.

  13. Essay on Independence of Judiciary

    January 7, 2024 Students are often asked to write an essay on Independence of Judiciary in their schools and colleges. And if you're also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic. Let's take a look… 100 Words Essay on Independence of Judiciary Introduction

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    Independence Of Judiciary Essay 994 Words4 Pages The importance of the independence of the judiciary is much like the relationship between law and religion, morality and justice - it is subjective.

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    Judicial review of the acts of government is the most politicized aspect of the behavior of courts. Judicial involvement in the political process and collective choice raises a fundamental question: Decision-making by an independent but unelected judiciary may go against deep-seated notions of majority decision-making and electoral accountability.

  17. An Independent Judiciary free from Influence of Legislative

    Independence of judiciary truly means that the judges are in a position to make justice in accordance with their promise of office and only in accordance with their own sense of justice without submitting to any kind of pressure or influence from executive or legislative or from the parties themselves or from the superiors and colleagues [ 5] .

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  19. PDF Testimony of Lee Fang Investigative Journalist

    Testimony of Lee Fang Investigative Journalist. As an independent investigative journalist, it is my duty to serve the broad public interest, to watch over governmental and corporate misconduct, to safeguard the principles underpinning a free society, and to spotlight wrongdoing - whether it comes from the left, the right, or the center.

  20. Essay on Role of Judiciary in the Country

    As a judiciary is independent of the executive, it can easily safeguard the rights of the citizen to ensure peace and harmony. However, its role is not just limited to this. It plays different roles to make sure there is smooth functioning in the country. Firstly, it plays a great role in making new laws.

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    The Judiciary of Russia interprets and applies the law of Russia.It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts.The judiciary is governed by the All-Russian Congress of Judges and its Council ...

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    Essay on "Independence of the Judiciary" In the law, the judiciary or judicial system is the system of courts that administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes.

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