Judicial independence
Overview
Judicial independence is a fundamental principle of the rule of law and democracy, ensuring that judges are free to decide cases impartially and in accordance with the law, without fear of reprisal or influence from the executive or legislative branches of government. This concept is deeply ingrained in the legal systems of many countries, including those that follow the common law tradition, as well as those that adhere to civil law systems.
Historical Context
The concept of judicial independence has its roots in ancient Greece and Rome, where the judiciary was seen as a separate entity from the executive and legislative branches of government. However, it was during the Middle Ages in Europe, particularly in England, that the principle of judicial independence began to take its modern form. The Magna Carta, signed in 1215, established the principle that the King was not above the law and that judges should be free from royal interference.
Principles
There are several key principles that underpin the concept of judicial independence. These include security of tenure, financial security, and administrative independence.
Security of Tenure
Security of tenure ensures that judges cannot be arbitrarily removed from their positions. This is usually guaranteed by making the process of removing a judge difficult and subject to stringent procedural safeguards. In many jurisdictions, judges can only be removed for reasons of incapacity or proven misconduct.
Financial Security
Financial security is another important aspect of judicial independence. This principle ensures that judges are paid a secure salary that cannot be reduced during their term of office. This is to prevent the executive or legislative branches from exerting financial pressure on judges.
Administrative Independence
Administrative independence refers to the ability of the judiciary to manage its own affairs, free from interference from the other branches of government. This includes the ability to control its own budget and administration, and to make decisions about the allocation of cases.
Judicial Independence in Different Jurisdictions
Judicial independence is enshrined in the constitutions of many countries. However, the specific mechanisms used to protect judicial independence can vary significantly between different jurisdictions.
United States
In the United States, judicial independence is guaranteed by the Constitution. Federal judges are appointed for life, subject only to removal by impeachment for "high crimes and misdemeanors". The salaries of federal judges cannot be reduced during their term of office.
United Kingdom
In the United Kingdom, judicial independence is protected by the Act of Settlement 1701, which guarantees security of tenure for judges. The Constitutional Reform Act 2005 further strengthened judicial independence by establishing the Supreme Court of the United Kingdom and removing the Law Lords from the House of Lords.
Canada
In Canada, judicial independence is protected by the Constitution Act, 1867. Judges are appointed by the Governor General on the advice of the Prime Minister and can only be removed by the Governor General on address of the Senate and House of Commons.
Challenges to Judicial Independence
Despite the importance of judicial independence, it is often under threat. These threats can come from various sources, including political interference, corruption, and lack of resources.
