How do the separation of powers make the judiciary independent?
Answers
JUDICIAL INDEPENDENCE IS REQUIRED BY THE DOCTRINE OF SEPARATION OF POWERS. ... BASICALLY, D BY THE CONSTRAINTS OF INTERNAL GOVERNMENT AND THEIR POLICIES IN INTERPRETING AND APPLYING LAW TO THEIR DECISIONS. A INDEPENDENCE JUDICIARY AND SEPARATION OF POWERS
CENTRAL TO THE CONCEPT IS THAT THE MAIN BODY OF THE JUDICIARY-JUDGES SHOULD NOT BE INFLUENCE
Three essential bodies exist in any state-the executive, the legislature and the judiciary. In the doctrine of separation of powers, there should be a clear demarcation of functions between these three institutions to avoid arbitrary or dictatorship. The concept of “independence judiciary" is linked to the idea of separation of powers most of the time. 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 constitution. [2] The independence of judiciary was confirmed in the Act of Settlement 1701.
Basically, central to the concept is that the main body of the judiciary-judges should not be influenced by the constraints of internal government and their policies in interpreting and applying law to their decisions. They should be independent of pressure from the Government and political and other groups, and therefore able to decide cases just and impartially.