Why is an independent judiciary important. Why Is Independence Important? 2018-12-31

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The Importance of Judicial Independence

why is an independent judiciary important

The drafters of our Constitution knew that better than anyone. A government without independent judiciary is always held to be an authoritarian government. Historically, the appellate function had a connection with the executive branch due to the types of cases typically heard — impeachment and the hearing of felony charges against peers. We have the Supreme Court which stands at the apex of the judicial system of the country. Connecticut’s judges deal with over 700,000 cases each year with very little controversy. When judges take office, they agree to abide by a set of ethical principles established by the Judicial Conference of the United States. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it.

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What is Judicial Independence

why is an independent judiciary important

At a time when it seems every institution, profession and business in the United States is under pressure to justify its mission and value, we should not be surprised that our country's judicial system might undergo similar scrutiny. The Indian Constitution protects against this kind of situation by providing for the independence of the judiciary. This saw the establishment of the to regulate and the to regulate. An open court: It is also important that the public be allowed to enter the courtroom while a session is in progress and also be allowed to access decisions that have been passed. I would like to begin by stating that we should all be proud of our state’s current procedure for selecting and re-appointing judges – it is one of the best in the country. It proved to the world the power and importance of our Independent Judiciary.

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Judicial Independence

why is an independent judiciary important

They also are not pressured politically to decide one way or the other. By incorporating all these features in the judicial system, a well organised and independent judiciary can be secured. Madison, while based on different legislation the Organic Act of 1801 , offers great insight into the animosity between the two political parties of that era. In this process, concepts and ideas have become enriched as they have been implemented in successive judicial and political systems, as each system has enhanced and deepened the concepts and ideas it actualized. This guarantees that independent courts and judges remain faithful to the rule of law.

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Judicial Independence

why is an independent judiciary important

If I have one message to deliver here today it would be that our system of government depends upon the independence of the judges to decide cases based upon the law free from fear of retribution, and that the system for appointment and reappointment should guarantee that to our citizens. Although, a system of check and balance was introduced in order to diminish corrupt practices. A judge, however, applies the law to a case, ensuring that decisions are made in accordance with the law. Unfortunately taking advantage of such laxities, several criminals, mass murderers, rapists and bride killers get acquitted. One of the most important points to be established for rendering the concept of rule of law is to ensure that the judiciary is not only independent but also impartial.

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Judicial independence

why is an independent judiciary important

Our nation's founders specifically separated our government into three co-equal branches by design: to prevent the excessive accumulation of power by the legislative, executive or judicial branches. In fact, only a little more than one-third of Americans can name the three branches of government, let alone describe their role in our constitutional democracy. On the other hand, lack of independence means relying on others to get things done. It is therefore, very natural that in any federation disputes might arise betwee Central and States Govt. Additionally, incumbent Chief Justice Oliver Ellsworth graciously agreed to retire in early 1802, allowing Adams to select the new Chief Justice before leaving office. Union of India, 1993 4 S. This case has increased focus and attention on judicial outcomes as opposed to the traditional focus on judicial qualifications.


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Judicial independence

why is an independent judiciary important

Judges cannot be deposed and cannot be assigned other positions against their will. Since the language of the Constitution is not free from ambiguities and its meaning is likely to intepreted differently by different authorities at different times. They are more dependent upon judiciary than the legislature and the executive. Judicial independence is important to the idea of. The unwritten norm is said to be implied by the to the Constitution Act, 1867.

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Essay on the Importance of Independent Judiciary for law students

why is an independent judiciary important

It is only when they fall foul of the powers and power centers that these officials get activated. The magistrates are also not above board and treat litigants negligently delaying cases and giving dates repeatedly until the litigant gets fed up. They can do so either when they fear any harm to their rights or after they have suffered any loss. There are key points to be kept in mind in order to uphold the independence of Judiciary. These outside attacks also could look much more like ambushes; current election rules require an opponent to file by July, thus putting a judge on notice that he or she could be the subject of a controversial election. The legislature, which makes the Executive, which executes the law and the judiciary which interprets the law.

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why an independent judiciary is essential to democracy

why is an independent judiciary important

Their fight- is our fight! One cannot be too independent of the other. It can direct the executive to carry out its decisions. First, judges are appointed at the federal level, as opposed to being elected. However, the Constitution permits such judges to be re-appointed on a term basis. This undermines the principle of judicial independence because it creates a financial dependence of the judiciary on the executive. The page also gives an introduction to the importance of judicial independence. This function is performed by the judges.

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