Judicial independence is a fundamental principle of a fair and impartial legal system. It refers to the idea that judges must be free to make decisions based on the law and the evidence, without fear of political interference, pressure, or retaliation. This is essential for ensuring that the legal system is fair and impartial, and that the rights of individuals are protected. Judicial independence is typically achieved through a combination of legal safeguards and institutional arrangements. These include:
Security of tenure: Judges are typically appointed for life or for a set term, which protects them from being removed from their position for political reasons or for making unpopular decisions.
Immunity from suit: Judges are generally immune from civil or criminal suits for actions taken in the course of their official duties. This protects them from being sued for decisions they make, even if those decisions are controversial or unpopular.
Financial security: Judges are typically provided with financial security, including salaries and benefits, that are independent of political influence or pressure.
Institutional independence: Courts are typically organised in a way that ensures their independence from political influence. This may include having separate budgets, staff, and facilities, as well as having the power to interpret the law independently.
Judicial independence is essential for ensuring that the legal system is fair and impartial, and that the rights of individuals are protected. It is important for promoting the rule of law, preventing abuse of power, ensuring public confidence in the legal system, and maintaining the separation of powers between branches of government.
You can learn more about this topic and relevant case law with our Public Law, Constitutional Law, Administrative Law notes.
