what is an independent judiciary explain in 3 points
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Definition. Judicial independence means that courts enforce the law and resolve disputes without regard to the power and preferences of the parties appearing before them (La Porta et al. 2004). Its theoretical antecedents are traced to the Enlightenment, and its application in practice dates to the US Constitution.
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The Independence of Judiciary means:
- Other branches of government – the legislature and the executive – cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf.
- Independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive.
- Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.
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