now the trend is towards the independence … The judicial independence ensures public confidence as an institute of the last resort where justice will be served despite any opposition and Influence. In short, the strengthening of judicial independence is a crucial element of the transformation of the judiciary and is fundamental to the creation of a democratic state. The democratic importance of the judiciary’s role in shaping law may be heightened in the United States in the wake of Buckley v. Valeo, 424 U.S. 1, 143 (1976) (holding that legal restrictions on expenditures by political candidates and independent expenditures in a . In transitional and developing countries, spending on the judiciary may be controlled by the executive. This undermines the principle of judicial independence because it creates a financial dependence of the judiciary on the executive. These time-honored principles have guided our constitutional democracy for more than two centuries. People place high credibility and trust in the judiciary to get justice in case of any kind of misconduct by the executive. The independence of the judiciary is necessary to safeguard the principles of democracy. The Indian constitution protect independence of judiciary through following ways:- Can we live in a country without the judiciary? This paper will be focusing on the effects of an independent judicial system on the democracy of the state by examining both sides of the spectrum and in turn argue that judicial independence strengthens democracy. Judiciary is an indispensable organ of government. The role of the judiciary is … To perform this role effectively, the judiciary must be independent. Most constitutions provide mechanisms that are designed to protect judicial independence. If these safeguards are honoured, the judiciary will play a key role in stabilising a democracy. However, the opposite happens when the judiciary loses its independence. A free judiciary can only exist in a political system in which democratic principles are truly believed in and acted upon by all alike. The following essay will discuss the different forms of democracy, explore theories of judicial review and look at cases which address the question of the separation of powers so as to determine in light of the quote above that judicial review is in fact democratic. All federal judges are appointed by … That is why, the independence of judiciary is essential in a democractic set-up. All organs of government must be law abiding. INDEPENDENT JUDICIARY AND THE RULE OF LAW. It serves as a foundation for the rule of law and democracy. It is very essential to have a strong judiciary and courts to ensure that a nation’s laws are enforced constantly and fairly. July 31, 2014. Addressing the press conference, Chelameswar had said that the judges were forced to come before the media because democracy was under threat, and emphasised that an independent and impartial judiciary was important for democracy to survive. https://www.ditmasparkcorner.com/about-judicial-independence-1 Yet, there is little doubt that the judiciary is being challenged, from within and outside. Initially, there was a demand for institutional independence. Ted Olson, who is a wonderful friend and a great lawyer, was An independent judiciary allows for the protection of certain values that society deems important. And all leading democracies of the world emphasises this need time and again. That is why modern societies have all tried to organize, within fundamental texts, the independence of the judiciary. In a constitutional democracy with a supreme constitution ‘the judiciary acts as a referee of the democratic process while also checking whether the two political branches of government, the legislature and the executive, act within the boundaries set out by the Constitution and by legislation’. Only an impartial and independent judiciary can protect the rights of the individual and provide equal justice without fear or favour. In countries, where there is no democracy, the judiciary is not free, and the fundamental rights of the people are not protected. Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. Judicial independence must be a fundamental value of the rule of law and of constitutionalism . The judiciary is the cornerstone of democracy.A democratic country is which provides its citizens with the basic rights of freedom.The citizens can also participate indirectly or directly in all the decisions that concern them. The judicial branch serves the purpose of representing the legal foundation of the entire nation-not just the ideals of an elite few. 7. Under the principle of separation of powers, the judiciary stands as the ultimate protector of fundamental rights and freedoms of citizens. judiciary as a whole are impartial and independent of all external pressures and of each other The judiciary acts as the guardian of the Constitution.The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. Another criterion of good governance is independent judiciary, important for preserving the rule of law. 1.1 Research Question . https://legalstudymaterial.com/independence-of-the-judiciary The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing. The emphasis on independent judiciary is given because it is a must for the sustenance of democracy. Why is the independence of the judiciary important in a democracy? An independent judiciary is the cornerstone of the Canadian justice system, and essential to upholding Canada's democratic values and the rule of law. The definitions of independent judiciary have been given in this thread already. That may be because of the large amount of power concentrated in some individual leaders. Its importance cannot be over emphasized. This underlines the importance of the independence of the judiciary and the way it has been internationally recognized. Hanne Juncher, Head of Justice and Legal Co-operation Department of the Council of Europe pointed out that independent, impartial and effective judiciary is a key requirement of democracy and a fundamental pillar of the rule of law. Democracy needs independent institutions, individual freedom and a robust justice-delivery mechanism. This is so because the foundation of … Therefore this is the reason why the framers of the Indian constitution at the time of framing the constitution of India were very much concerned to have independence of judiciary otherwise the term “fundamental rights” would become mere commodity or toy in the hands of political leaders. Endowed with this independence, the judicial system in a democracy serves as a … So, it is important to have an independent judiciary to keep a check on the legislature and the executive, in case they exceed their powers. The content in the body of the answer is decent but work on concluding remarks, conclude by highlighting the importance of independent and robust judiciary for democracy. Educating the public on what a fair and independent judiciary is and why it’s important is central to the Rendell Center’s mission, Rendell added. The rich shall pay all the taxes, and the poor shall make all the laws. Historically, many thinkers argued democracy can only be detrimental to a free and just society, characterizing rule by the majority as inherently unstable, irrational, and a threat to private property. Defending Democracy. An independent judiciary is closely connected to, and dependent on, the independence of the legal profession as a whole, which itself relies on the independence of law. All organs of government must be law abiding. Imagine that you are a (relatively) young Supreme Court Justice at 56 years old. Amongst the constitutional institutions designed to protect democracy, pride of place is enjoyed by the Indian judiciary. And all leading democracies of the world emphasises this need time and again. The theory of separation of powers, implicity in Aristotle but first given independent expression by Harrington and Locke, is known in its modern form largely through the writings of Montesquieu. An independent judiciary power ensures the democracy and the well being of the citizens. 2006] Judicial Independence 59 way it was written. This dissertation seeks to explore the judiciary as an independent and separate arm of government. This is the position in Spain, Portugal, Russia, China and other Communist countries. In Poland, judicial appointments, including appointments to the Supreme Court, are largely handled by a facially independent body, the National Council of the Judiciary (KRS). Importance. In a constitutional system of government, the role of the ju- diciary is essential for maintaining the balance of power, pro- tecting individual rights, upholding the rule of law, interpret- ing the Constitution, and ensuring equal justice for all. Judicial Independence is vital and important to the idea of separation of powers. In fact, our state's Code of Judicial Conduct expressly asserts the importance of judicial independence: "Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. In a nation where the judiciary is weak or not independent its people … Functions of Judiciary and Its Importance: To Give Justice to the people: Interpretation and Application of Laws: Role in Law-making: Equity Legislation: Protection of Rights: Guardian of the Constitution: Power to get its Decisions and Judgements enforced: Special Role in a Federation: In this way an independent judicial system was considered sine qua non for the smooth functioning of democracy. The judiciary’s distinctive role in our constitutional democracy. Independent Judiciary Must for Liberal Democracy: J Chelameswar. Democracy and Judicial Review Discussion. It serves as a foundation for the rule of law and democracy. Judiciary Quotes - BrainyQuote. The rights and freedoms mentioned in the Constitution when suppressed by the government it is then judiciary where the citizens turn to. It is very essential to have a strong judiciary and courts to ensure that a nation’s laws are enforced constantly and fairly. Democracy and judicial review have a symbolic relationship. Any society without a judiciary system is bound to face chaos and anarchy. This is laid out in judicial independence as undue political influence is important and offers protection for minority rights and checks against other abuses of power. This is the position in Spain, Portugal, Russia, China and other Communist countries. Judiciary is that branch of government that interprets the laws or says what the laws mean & democracy means a form of government in which the citizens share the power. Judicial independence is important to you because it guarantees that judges are free to decide honestly and impartially, in accordance with the law and evidence, without concern or fear of interference, control, or improper influence from anyone. Like other foundational elements of democracy, judicial independence is vulnerable to threats and its protection requires vigilance. Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. Second, judges are not politicians; rather they play a vital and distinct role in our democracy. To guarantee freedom, the hallmark of democracy, these three powers must be separated as much as possible and balanced against each other. For a successful democracy the existence of a free judiciary is a must. Without an independent judiciary, the system may be practically equivalent to dictatorship. To Give Justice to the people: The first and foremost function of the judiciary is to give justice to the … Such a judiciary is all the more necessary for a federal type of Government like in India. The independence of the judiciary has been challenged again and again in the recent past and this third pillar of the democracy has every time proved to be baffled. The former relates to values like integrity, honesty, selflessness etc. that needs to be incorporated in the individuals. In reality, an independent, impartial and fearless judiciary is a sine qua non for any nation which believes in democracy. In this way an independent judicial system was considered sine qua non for the smooth functioning of democracy. Attacks on Judicial Independence in Haiti Damage Democracy. However, the importance of this concept has not been appreciated to its fullest standard in many countries of the world today. Moreover, judicial independence doesn‟t only exist for the protection of judges, but also for the protection the public from arbitrary executive action. In countries, where there is no democracy, the judiciary is not free, and the fundamental rights of the people are not protected. 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