Why is judiciary independence important

This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings. The core international human rights instruments. Universal human rights instruments.

The International Bill of Human Rights. Turn on more accessible mode. Turn off more accessible mode. Independence of the judiciary 1. Freedom of expression and association 8. Qualifications, selection and training Conditions of service and tenure Professional secrecy and immunity Discipline, suspension and removal It would be unacceptable for the judge to come under pressure to admit or not admit certain evidence, how to direct the jury, or to pass a particular sentence.

Decisions must be made on the basis of the facts of the case and the law alone. Judicial independence is important whether the judge is dealing with a civil or a criminal case. This requirement that judges be free from any improper influence also underpins the duty placed on them to declare personal interests in any case before it starts, to ensure that there is neither any bias or partiality, or any appearance of such.

A practical example of the importance of judicial independence is where a high profile matter, which has generated a great deal of media interest comes before the court. Such matters range from the criminal trial of a person accused of a shocking murder, the divorce of celebrities, and challenges to the legality of government policy, for example the availability of a new and expensive drug to NHS patients.

In the 24 hour media age in which we live, it stands to reason that the judge hearing the case will often be under intense scrutiny, with decisions open to intense debate. It is right that this is so. But it is important that decisions in the courts are made in accordance with the law and are not influenced by such external factors. It is also important however to observe one or two points which will have an impact on the outcome of the trial and our understanding of it:.

The purpose of the above examples is not to suggest that judges never get it wrong, or that in criminal cases they have no say in the sentence handed down, but to give an idea of the factors they must consider when making decisions. The protection of judicial independence has been the focus of international resolutions, the most prominent of which are:. Other bodies have endorsed judicial independence. For instance, in , the group of Asian — Pacific Chief Justices adopted a common set of standards for the promotion and protection of their judicial institutions, which included judicial independence.

The essence of the commitment to judicial independence can be found in the oath that all judges in England and Wales have to swear when they take up their office. The fundamental concept of judicial independence came into being in England and Wales in with the enactment of the Act of Settlement. This statute formally recognised the principles of security of judicial tenure by establishing that High Court Judges and Lords Justice of Appeal hold office during good behaviour.

Sathasivam was appointed as the governer of Kerala after his retirement in the first regime of the Bharatiya Janata Party BJP -led government in Justice M.

In the USA, the tenure of judges is lifetime. Therefore no question of post retirement appointments arises. The reason is to provide judges with job security so that they can work according to the law and free from any kind of fear. In the USA, even the president cannot diminish the compensation of the federal judges.

This is to exclude executive and legislative interference. In the United Kingdom, the situation is much like India, but in contrast, there is no law to stop them from assuming any position after completing their services. Many retired judges become crossbench peers. In fact, the current convenor is also a retired Chief Justice of England and Wales. A certain cooling off period should be imposed, which needs to be completed before reinstating any public office.

It will make sure that there were no political or executive involvements in decision-making of the judge. In my opinion, the cooling off period should be at least 10 years so as to make sure that 2 terms of the Lok Sabha are completed, which will mitigate the chances of external interference.

In India remuneration of judges is far less compared to other countries, this is considered to be a reason that almost all judges after retirement get involved in some kind of activity for financial gain, some in the private sector and some in the public.

Increasing the salary and pension of judges may mitigate their involvement in the financial sector, but this is not a reliable solution because greed has no end.

In the last year of his tenure, he was involved in many crucial judgments including the Rafale Deal case, the Ayodhya case and the Assam NRC case, which were directly connected to the then-BJP led government and more importantly all the judgments were ruled in the way that the government wanted.

Crime Problem-Solving Approaches 4. Identifying the Need for Legal Aid 3. Models for Delivering Legal Aid Services 7. Roles and Responsibilities of Legal Aid Providers 8. Legal Framework 3. Use of Firearms 5. Protection of Especially Vulnerable Groups 7. Aims and Significance of Alternatives to Imprisonment 2.

Justifying Punishment in the Community 3. Pretrial Alternatives 4. Post Trial Alternatives 5. Concept, Values and Origin of Restorative Justice 2. Overview of Restorative Justice Processes 3. How Cost Effective is Restorative Justice? Vulnerabilities of Girls in Conflict with the Law 3. Ending Violence against Women 2. Human Rights Approaches to Violence against Women 3.

Who Has Rights in this Situation? What about the Men? Understanding the Concept of Victims of Crime 2. Impact of Crime, including Trauma 3. Right of Victims to Adequate Response to their Needs 4. Collecting Victim Data 5. Victims and their Participation in Criminal Justice Process 6.

Outlook on Current Developments Regarding Victims 8. The Many Forms of Violence against Children 2. The Impact of Violence on Children 3. Improving the Prevention of Violence against Children 5. The Role of the Justice System 2. Justice for Children 4. Justice for Children in Conflict with the Law 5. Institutional and Functional Role of Prosecutors 2c. Share this page Toggle Dropdown. Add selection. Create your own course:. Judicial independence General issues.

Judicial independence as a fundamental value of the rule of law and of constitutionalism The main factors aimed at securing judicial independence Topic 2. The role of public prosecutors General issues. Public prosecutors as the 'gate keepers' of criminal justice. The institutional and functional role of prosecutors: different models and practices: Other factors affecting the role of prosecutors: appointment, tenure and conduct.

References Exercises Possible class structure Core reading Advanced reading Student assessment Additional teaching tools First published in February This module is a resource for lecturers Topic one - Judicial independence General issues. Judicial independence as a fundamental value of the rule of law and of constitutionalism This section illustrates the crucial role of the judiciary in society and the importance of judicial independence as a necessary precondition to judges properly performing their function.

The role of the judiciary in society What is the role of the judiciary in society, and in justice processes? The academic literature identifies the essential features that distinguish the judicial process from legislative and administrative powers: The judicial process is not initiated by the court on its own motion, but it needs a claimant, a plaintiff for example, a private party or the public prosecutor ; Audiatur et altera pars.

All the parties are given a fair opportunity to be heard by an impartial judge, either personally or through their representatives; Nemo iudex in causa sua. The judge cannot have a personal interest in the case and must not be subject to partial pressure Cappelletti, , p.

The concepts of judicial independence and impartiality As mentioned above, judicial independence and impartiality are the most important sources of legitimacy and authority for judges and, consequently, of public trust in judicial institutions. Key debate: Gender-sensitive training for judges Education is key to the exercise of the judicial function without bias or discrimination. For example: "Discriminatory practices on the grounds of gender preponderate in the performance of judicial duties in Uganda Women's Access to Justice , in which Justice Judith Jones of the Supreme Court in Trinidad and Tobago talks about ways to improve public confidence in the judiciary for domestic violence survivors.

Gender Related Issues in the Judiciary , in which Justice Shiranee Tilakawardane, a Supreme Court Justice in Sri Lanka, is interviewed by the Global Judicial Integrity Network on gender-related issues in the judiciary, including; sextortion, sexual harassment, and the under-representation of women.