Judicial Independence: Why Is It Important?

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Table of Contents

Introduction
How Judicial Independence is achieved
Significance of Judicial Independence
Conclusion
Reference

Introduction

Judicial independence is the principle that the verdict of the judiciary should be fair, impartial, and honest and not subject to manipulation from other arms of the government or political or private interest. To achieve this, judges must be free to decide on facts and law without the threat of reprisal either financially, physically, or occupationally.

Substantial restrictions are placed on judges’ conduct to make judicial independence possible. This includes the prohibition of judges from making a ruling in a case in which he or she has a personal interest in the outcome of that case.

How Judicial Independence is achieved

To facilitate judicial independencies, judges must be protected from threats of reprisal, and the process through which judges are selected should be open, fair, and above board.

Protection from reprisal is primarily achieved by keeping the salaries and the position of judges away from the reach of outside forces. Most country’s constitution grants that judges hold office for life. Judges’ salaries are protected and they can not be reduced while they are in office. These two provisions cater for security in tenure and pay for the judge, freeing them to apply the law impartially and fairly to all parties before them.

Judges’ selection should strictly be according to the merits of the candidates and not through political consideration. This is a key to guarantee that the judge will act impartially. Judges’ selection should also be free from discrimination on basis of sex, color, race, social status, or political affiliation.

Significance of Judicial Independence

The Modern principle of judicial independence advocate for the separation of power. This separation of power creates the legislative arm which plays a big part in the constitutional amendment of especially on judicial rulings which may have adverse effects on the stability of a nation.

Judges with a lucrative pay package and permanent office tenure are left with all the time they need to scrutinize the constitution and the details of a specific case without having to worry about personal gain or protection.

Judicial independence permit judges to make a verdict that may be contrary to the benefit of other arms of the government like the presidency or legislator. The judge can make a fair ruling on issues such as biased policies and excessive state regulations.

Judicial Independence helps the Judges interpret the law without fear of punishment. This notion is important because it grants stability and continuity of the legal system as there is a guarantee in resolving disputes impartially.

Judicial Independence provides for the impeachment of corrupt judges and those who engage in serious crimes, thereby ensuring judges act only in the best interest of the people and not for personal gain.

The principle of judicial independence helps in creating checks and balances among all the branches of the Government. This brings democracy and aids in good governance hence creating stability and development for a country.

Judicial Independence lets all citizens enjoy the freedom and the liberty as guaranteed in the constitution, whether they are part of the minority or the majority. A good example is the 1954 United States Supreme Court decision in Brown v. Board of Education; the Judges declared that separating educational facilities for children of different races was intrinsically lopsided. There was widespread criticism all over the United States, but the decision was important at a time when civil and political rights were being advocated.

(Sandra Day, report on Arab Judicial system forum, 15^th September 2003, Bahrain)

Judicial Independence is the fundamental guarantee of fair trial and pre-condition to the rule of law.

Conclusion

Judicial independence is an essential part of the law, giving all the citizens confidence that the law will be equally and fair applied to all. The judiciary has over the years used this independence to protect human rights and make the unpopular decision even against the will of the majority.

Reference

David M. O’Brien, Peter H.Rusell (2001) Judicial Independence in the age of Democracy, University of Virginia Publishers, United States.

Sandra Day O’Connor, (2003) Arab Judicial Reforms forum, held in Manama Bahrain.

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Judicial Independence: Why Is It Important?

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