explain independence of the judiciary is maintained by the constitution
Answers
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Answer:
Independence of judiciary means the other organs of the government, the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. Judges must be able to perform their functions without fear or favour.
Explanation:
Contents
Theory of judicial independence Importance
Disadvantages
Economic basis
Development of the concept
National and international developments
International standards The justice system
Australia
Canada
Hong Kong Singapore
United Kingdom
England and Wales
History
Contemporary usage
United States Federal courts
State courts
See also
References
External links
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1 Theory of judicial independence
Alexander Hamilton, one of the Founding Fathers of the United States, by portraitist Daniel Huntington c. 1865. In The Federalist No. 78, published 28 May 1788, Hamilton wrote: "The complete independence of the courts of justice is particularly essential in a limited constitution."
Importance
Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights.[1] It serves as a foundation for the rule of law and democracy. The rule of law means that all authority and power must come from an ultimate source of law. Under an independent judicial system, the courts and its officers are free from inappropriate intervention in the judiciary's affairs. With this independence, the judiciary can safeguard people's rights and freedoms which ensure equal protection for all.[2]
The effectiveness of the law and the respect that people have for the law and the government which enacts it is dependent upon the judiciary's independence to mete out fair decisions. Furthermore, it is a pillar of economic growth as multinational businesses and investors have confidence to invest in the economy of a nation who has a strong and stable judiciary that is independent of interference.[3] The judiciary's role in deciding the validity of presidential and parliamentary elections also necessitates independence of the judiciary.[4]