United Nations
Information Centre | Nepal
The Independent Judiciary - Participatory Constitution Building in Nepal Booklet Series NO. 8
PDF File Size: 265 KB | Download   
An independent judiciary is able to make its decisions and operate as an institution free from outside influence, including from political parties, government agencies, and individuals. An independent judiciary is also a branch of government that operates independently from the other branches of government – the executive and the legislature. This independence promotes an effective balance of power among the three branches. Constitutions help to ensure this independence by expressly identifying each branch’s roles and responsibilities.
The constitution helps to limit the power of the government over the individual.
The judiciary is the ultimate interpreter of the constitution and the laws. All
government bodies must abide by the judiciary’s decisions. These decisions and
interpretations become precedents and examples for future actions.
The constitution must create a judiciary that has institutional and decisional
independence. Institutional independence enables the judicial branch to conduct its administration without influence from other sources. For example, in an institutionally independent judiciary, decisions to hire and discipline judges, determine judicial salaries and budgets and to conduct performance reviews of judges are made in a politically neutral way. One way to do this is by giving many of these powers to the judges themselves through a Judicial Council. Institutional independence leads to decisional independence. Decisional independence means that the judiciary decides cases solely based on the constitution and the laws of the land, without pressure from outside sources and without any outside influence.Constitutions should also define the judiciary’s relationship to other government branches and make clear that its powers cannot be improperly influenced by other parts of government. The judicial council (see issue 6, below) can help achieve this institutional independence.
#Constitution #IndependentJudiciary
Publisher:
CCD/UNDP ,   (2009 )
Type / Script:
Publication in English
Keywords:
RELIGION, STATE, FEDERAL SYSTEM, FEDERALISM, MONETARY POLICY, CONSTITUTIONS, CONSTITUTIONAL LAW, HUMAN RIGHTS, CIVIL RIGHTS, POLITICAL RIGHTS, WOMENS RIGHTS, FREEDOM, HUMAN SECURITY, HUMAN RIGHTS VIOLATIONS, RIGHT TO PEACE, CAPACITY BUILDING, JUDICIAL SYSTEM, COURTS, DEVELOPMENT, GOVERNMENT, ELECTIONS, GOVERNANCE, GOVERNMENT POLICY, LOCAL GOVERNMENT, LOCAL FINANCE, DALITS, ETHNICITY, PLURALISM
Thematic Group:
 UNDP : Social and Institutional Developoment
Thesaurus:
01.07.00  -  General And National Law
Reference Link:
** This document has been:
677  times viewed
8  times downloaded.
Feeder: LUNI SHRESTHA , Editor: SANJIYA SHRESTHA , Auditor:

View Document History
Related Topics
Constitution Making Process in Nepal
Information Package on Constitutional Issues (Series One - Technical Paper)
United Nations Office Of the High Commissioner for Human Rights In NEPAL Sunday, 5 July 09 Speaking points for Richard for Patan Appellate Court Bar Association Event
UNDP Nepal - Outcome Evaluation of UNDP Nepal Access to Justice and Human Rights (2001-2010)
Participatory Constitution Making Process - Participatory Constitution Building in Nepal Booklet Series No. 10
Opening Remarks by Richard Bennett, Representative of the High Commissioner for Human Rights in Nepal, at a Workshop on Ensuring Better Protection of Economic, Social, Cultural and Women's Rights in the New Constitution,
Country Paper Nepal (October 2001)
Human Rights in the Constitution- Nepal Participatory Constitution Building Booklet Series No. 3
Inputs From Nepal To The OHCHR Study Pursuant To The Human Rights Council Resolution 27/24 On Equal Participation In Political And Public Affairs
A Human Rights-Based Approach To Health
An Address to Members of the Constituent Assembly of Nepal By Ms. Kyung-wha Kang United Nations Deputy High Commissioner for Human Rights Kathmandu 19 April 2011
Human Rights Community Resists Authoritarian Regime-Press Statement
Nepal Bar Association Press Release (UN Official Translation)
UNESCO Office in Kathmandu - Issue 2 Volume 1
Nepal Bar Association (NBA) Interaction on Independence of Judiciary for Human Rights Speech delivered by Ms. Jyoti Sanghera, Head, OHCHR-Nepal Thursday, 26 May 2011
Remarks by Richard Bennett, Representative of the High Commissioner for Human Rights in Nepal, at the Inaugural Conference of the National Law Students of Nepal. 14 March 2010, Kathmandu “Our Constitution, Our Responsibility, Our Future”
Report To The Regional National Human Rights Institutions Project on Inclusion, The Right to Health And Sexual Orientation And Gender Identity
NHRC eBulletin, Volume 6, Issue 6, December 2010
The Code of Conduct for Ceasefire Agreed Between the Government of Nepal and the CPN (Maoist) on 25 May 2006 at Gokarna
Review of The Legislative Framework and Jurisprudence Concerning The Right to Adequate Food in Nepal
National Human Rights Commission-Nepal and OHCHR - Nepal Observations on the National Human Rights Commission Bill - 2009 (Open Dialogue on Draft Legislation Series-2, January 2011)
Constitution of Nepal, 2072 - Preliminary Draft (Unofficial Translation in English)
Minority Rights Under the New Constitution - Participatory Constitution Building in Nepal Booklet Series No. 7 English
स्वतन्त्र न्यायपालिका नेपालमा सहभागितामूलक संविधान निर्माण पुस्तिका शृङ्खला ८
फूक्काफाल न्याँपालीका नेपालाङ पट्टको मोलÞ क्म सम्बीढान खास्च कीटाप-छ्योट् सङ्ख्या - ८
स्वतन्त्र न्यायपालिका नेपालमे सहभागितामूलक संविधान निर्माण पुस्तिका शृंखला संख्या - ८
स्वतन्त्र न्यायपालिका नेपालय् सहभागितामूलक संविधान निर्माण सफू-माः ८
स्वतन्त्र न्यायपालिका नेपालमे सहभागितामूलक संविधान निर्माण पोष्टा शृङ्खला ८
Remarks by Anthony Cardon, Officer-in-Charge, OHCHR-Nepal At the opening ceremony of Human Rights National Magna Meet 2010
Constitution Of Nepal 2072 (Unofficial Translation in English)
Promotion of Indigenous Peoples’ Rights in the Constitution Making and State Reform Process in Nepal
Promoting Gender Equality in the Humanitarian Response
Women's Political Participation at the Sub-national Level in Nepal
Promoting Women’s Human Rights Compliant Justice Delivery
Remarks by Richard Bennett Representative of the UN High Commissioner for Human Rights in Nepal Delivered at a Programme Organised by INHURED 27 April 2009, Kathmandu
UNDP-OHCHR Toolkit for collaboration with National Human Rights Institutions
Federalism and State Restructuring in Nepal the Challenge for the Constituent Assembly - Report of a Conference organised by the Constitutional Advisory Support Unit, UNDP 23-24 March 2007, Godavari, Nepal
भावि संविधानमा नगरिक सरोकार​ (संविधानसभाका विषयगत समितिका प्रतिव्यदनहरुका आधारमा तयार पारिएको)
संवैधानिक सवालहरूमा जानकारीमूलक सामग्री (शृङ्खला दुइ) सामाजिक समावेशीकरण
एसपीसीबीएन/ यूएनडीपी लोकतान्त्रिक संवादअर्न्तर्गत संविधानसभामा प्रस्तुत् सुझावहरूको समीक्षा तथा संविधानसभा समितिका मस्यौदाहरूमा त्यसको प्रतिविम्बनको विश्लेषण
Nepal’s Human Rights Situation Reviewed by the UN Human Rights Council in Geneva
Project Document - Strengthening the Capacity of National Human Rights Commission in Nepal
Statement by UN Resident Coordinator a.i. Ziad Sheikh At the NHRC Human Rights Day 9 December 2014
Speak Up Stop Discrimination
Conversations about the Constitution: Views from the Far West - Issue No. 27
The Dalits of Nepal and a New Constitution - A Resource on the Situation of Dalits in Nepal, their Demands and the Implications for a new Constitution
The Interim Constitution of Nepal, 2063 (2007) - As Amended by the First to Sixth Amendments
The Relationship Between Transitional Justice Mechanisms And the Criminal Justice System
Consideration of Reports Submitted by States Parties under Article 35 of the Convention: Initial Reports of States Parties due in 2012
Constitution-Making Process in Nepal : A look back of the achievements in 2014- 2015 (Period covers until July 2015)
Women’s and Children’s Health: Evidence of Impact of Human Rights
civil & political rights:Torture & Detention Written statement* submitted by the South Asia Human Rights Documentation Centre(SAHRDC), a non-governmental organization in special consultative status
Statement by Richard Bennett Representative of the United Nations High Commissioner for Human Rights in Nepal Delivered at an Interaction Programme on Democracy, Dignity and Peace Regarding Dalit Emancipation in Nepal 5 December 2007, Kathmandu
Dispute Settlement on Local Level
NHRC Nepal Annual Progress Report July 2007 – June 2008
Human Rights in Nepal A Status Report 2003
Being LGBT In Asia : Nepal Country Report : A Participatory Review and Analysis of the Legal and Social Environment for Lesbian, Gay, Bisexual and Transgender (LGBT) Persons and Civil Society ( November 2014)
HUMAN DEVELOPMENT Report 2000
UN Deputy High Commissioner for Human Rights Ms. Kyung-wha Kang to visit Nepal, 18-20 April
UN Newsletter - Vol. 54 (Jan - Mar 2014)
BEING LGBT IN ASIA: NEPAL COUNTRY REPORT
Human Rights in Nepal One year after the Comprehensive Peace Agreement (December 2007).
State and Religion - Participatory Constitution Building in Nepal Booklet Series No. 1
OHCHR Urges for Ratification of the Convention on the Rights of Persons with Disabilities
A Brief Overview, Activities at a Glance- 2009
Strategic Plan - 2008-2010
Summary Report of NHRC Recommendations upon Complaints in a Decade
Ensure Rights of Persons With Disabilities to Education in Federal Nepal
The Federalism Debate in Nepal - Post Peace Agreement Constitution Making in Nepal Volume II
Statement by Ai Kihara-Hunt Office of the United Nations High Commissioner for Human Rights in Nepal Delivered at a Seminar to mark World Food Day, Organized by the National Network for Right to Food
Representative of the United Nations High Commissioner for Human Rights
Foreign Labor Migration and Trafficking in Persons in Nepal: A Situational Analysis
Nepal’s Human Rights Situation Reviewed by the UN Human Rights Council in Geneva
Forms of Government - Nepal Participatory Constitution Building Booklet Series No. 5 Centre
Indicators for Monitoring Economic, Social and Cultural Rights in Nepal - A user's guide
Federal System - Nepal Participatory Constitution Building Booklet Series No. 2
General Assembly-A/HRC/16/23: Report of the United Nations High Commissioner for Human Rights on the Human Rights Situation and the Activities of her Office, Including Technical Cooperation, in Nepal
राज्य आ धर्म १ नेपाल मे सहभागीतामूलक संविधान निर्माण पुस्तिका शृंखला १
संघिय प्रणाली, नेपाल मे सहभागीतामूलक संविधान निर्माण पुस्तिका शृंखला २
गूमस्ठाऊ ठीटी नेपालाङ पट्टको मोलक्म सम्बीढान खास्च कीटाप-छ्योट् सङ्ख्या - २
संङीय प्रणाली नेपालमा सहभागितामूलक संविधान निर्माण पुस्तिका शृङ्खला २
संघीय प्रणाली संवैधानिक संवाद केन्द्र नेपालय् सहभागितामूलक संविधान निर्माण सफू-माः २
UN releases Summary of Concerns and suggests recommendations to address Extra Judicial Killings
The Report of the NHRI of Nepal on the UPR Processes July 5, 2010
OHCHR-Nepal Chief Briefs Media On Human Rights Priorities
Interaction on Issues of Youth in the New Constitution
UN Releases Summary Of Concerns And Suggests Recommendations To Address Extra Judicial Killings (23rd September)
The 67th International Human Rights Day: Speech by Mr. Jose Asallino, Director of ILO, Nepal on behalf of Mr. Craig Sanders, Resident and Humanitarian Coordinator
Ms. Kyung-wha Kang United Nations Deputy High Commissioner for Human Rights Statement to the Media 20 April 2011, Kathmandu
A Study Of The Domestication Status Of International Covenant On Civil And Political Rights In Nepal
NHRC e-Bulletin, Volume 6, Issue 9, March 2011
National Human Rights Commission - Strategic Plan, 2004 - 2008
Ms. Kyung-Wha Kang-United Nations Deputy High Commissioner For Human Rights Statement To The Media
Rights of Indigenous Peoples - Nepal Participatory Constitution Building Booklet Series No. 6 Centre
General Assembly - A/HRC/12/34/Add.3 - Promotion and Protection of all Human Rights, Civil Political, Economic, Social and Cultural Rights, Including the Right to development - REPORT ON THE SITUATION OF INDIGENOUS PEOPLES IN NEPAL. (20th July, 2009)
UN Expert Releases Report on Nepal’s Indigenous Peoples
Federalism discourse in three districts in the Eastern Tarai Issue 42
National Human Rights Commission Annual Report 2000 - 2001
UNDP Support to Nepal's 2015 Constitution
The Right To Health In The Constitutions Of Member States Of The World Health Organization South-East Asia Region
100 result(s) found.