How Is Judicial Independence Destroyed?

Judicial independence ensures that the judiciary is free from external influences and pressures, enabling judges to make impartial and fair decisions based on the law and the merits of each case. However, it can be destroyed through various means, usually by undermining the separation of powers and interfering with the judiciary's ability to operate impartially and free from external influences.

Political interference: When the executive or legislative branches of government exert undue influence on judicial decisions, it compromises the independence of the judiciary. This can include exerting pressure on judges to rule in a particular way or intimidating them to align with the government's interests.

Appointment and removal of judges: The manner in which judges are appointed and removed from their positions can impact their independence. If judges are appointed based on political loyalty rather than merit and qualifications, it undermines their ability to make impartial decisions.

Court-packing: Court-packing refers to the practice of increasing the number of judges on a court, typically with appointees who are politically aligned with the ruling regime. This dilutes the influence of existing, independent judges and stacks the court in favour of the government's interests.

Intimidation and threats: Judicial independence can be undermined through direct threats, violence, or harassment against judges or their families, forcing them to rule in favour of those exerting the pressure.

Selective funding and budget cuts: By controlling the judiciary's budget and selectively allocating resources, the government can limit the court's capacity to function effectively and independently.

Weakening of judicial bodies: Dissolving or undermining judicial associations and bodies that aim to protect the independence of the judiciary can leave judges vulnerable to political pressures.

Manipulation of judicial jurisdiction: The government may manipulate the jurisdiction of certain courts or establish parallel legal systems to handle politically sensitive cases, which can lead to biased or predetermined outcomes.

Lack of security of tenure: When judges do not enjoy security of tenure, meaning they can be easily removed or replaced without just cause, it makes them susceptible to external pressures and compromises their independence.

Censorship and media attacks: Suppressing or controlling the media's coverage of judicial proceedings and discrediting independent judges through propaganda can erode public trust in the judiciary and weaken its independence.

Judicial corruption: Rampant corruption within the judicial system, such as bribery and other unethical practices, can lead to judges being beholden to external interests rather than upholding the rule of law.

By employing these tactics, governments or other powerful entities can exert control over the judiciary and undermine its independence, eroding a crucial check on the abuse of power and jeopardising the fair and impartial administration of justice. Protecting judicial independence is essential for upholding the rule of law, safeguarding human rights, and ensuring a just and equitable society.