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
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Publisher:
CCD/UNDP
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(2009
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Type / Script:
Publication
in English
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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
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Thematic Group:
UNDP
:
Social and Institutional Developoment
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Thesaurus:
01.07.00
- General And National Law
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Reference Link:
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