Question

arguments against in
dependent judiciary​

Answer 1

Hi my dear friend,

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.

Different countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.

In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty or by declaring laws passed by the legislature unconstitutional.

~Thank you

Answer 2

This short thought piece explores how judicial independence is a political concept that is employed by political actors for different reasons in different political contexts. Scholars should turn some attention to how "judicial independence" as a political term can be used to make arguments for and against political and institutional changes in order to secure or protect policy gains from the judicial branch. It is hypothesized that some political actors might rely on judicial independence to protect a policy created by like-minded judicial actors in one political environment only to abandon judicial independence language when courts make rulings contrary to their interests. The shifting nature of judicial independence during different political eras may help scholars understand the political foundations of judicial independence