Judicial independence means that judges are free from outside influences, like the government or other powerful individuals, when making decisions in court. They can make fair and impartial judgments without any pressure or interference from other people or forces. It ensures that the judiciary remains neutral and unbiased in interpreting and applying the law.
Full definition
Both courts and scholars often emphasize the role
of judicial independence in constitutional litigation, where the rights of citizens or the powers of governments are at stake.
But the ability of judges to protect individual rights — even if the legislature or a majority of voters disagree — depends
on judicial independence.
The majority holds that «concern
for judicial independence» is a reason for «judges to use their inherent jurisdiction to enter the field of political matters» (para 41).
The BC government will likely have to be more sensitive to concerns
about judicial independence and engage the judiciary in more constructive dialogue if its reforms are to be successful.
It continues to earn the respect of both federal and provincial governments by actively participating in law reform, issues
regarding judicial independence of the courts, and through timely and relevant education initiatives.
We hope the legislature will slow down just a bit and consider the long term effect some of these provisions may have
on judicial independence.
Initially, the tensions created led to concerns that certain municipalities were not fully aware of the principle
of judicial independence.
«We need to explore how we can provide for informed debate on the issues, without applying pressure on judges in terms of individual decisions or by undermining
judicial independence in any way,» he added.
How safe is the framework of separation of powers and the critical concepts it protects, such
as judicial independence, if so much of the citizenry does not even know the system exists — or what its role is?
In some countries, notably in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while
maintaining judicial independence.
In the final paragraph, EPLAW therefore «urges the Council to use this opportunity to propose an amendment to Article 11 EPC and in any event to critically review the Guidelines for Investigation [the basis on which the suspension happened] so as to avoid any further concern with respect to the principle of
judicial independence at the EPO.»
Home Daily News Fees and fines
threaten judicial independence Defending Justice By Matthew Menendez Posted April 19, 2018, 7:00 am CDT Matthew Menendez For more than a decade, state court systems have been chronically underfunded.
(1) The TLABC submitted that the hearing fees wrongly impede access to justice, wrongly sell justice, and wrongly impede access to a superior court in violation of s. 96 of the Constitution Act, 1867 thereby interfering
with judicial independence.
Thanks to the IPKat blog I've become aware of an official response by the UK Government to a member of parliament (liberal democrat Dr. Julian Huppert, from Cambridge) who asked a question about what measures would be taken to
ensure judicial independence at the EPO.
The United States notes with concern that the Parliament of Romania is considering legislation that could undermine the fight against corruption and
weaken judicial independence in Romania.
This approach of judge - led and judging - focused education recognizes two important dimensions of judicial education: the need to ensure that programs are relevant and responsive to judicial experience, and the need to
preserve judicial independence.
DiFiore has close ties to Cuomo, and Republican senators asked her if she would
demonstrate judicial independence if confirmed to be Chief Judge of the Court of Appeals, the state's highest court.
«The court has an obligation to provide a certain level of service, and there's no threat to
judicial independence if the chief justice is empowered to prevent low - grade services being provided,» he says.
It has been explained in many case law rulings that the Doctrine is not intended to protect an out of control judge, but is justified on the larger purpose of
protecting judicial independence.
Perhaps prof. Grove might have paid more attention to what the principle of
judicial independence means — and, for instance, to whether it actually requires restrictions on legislatures» ability to limit courts» jurisdiction.
The organization said that, «Should all outstanding salaries and allowances of judges and judicial workers not immediately paid, SERAP will explore all legal avenues nationally and internationally to compel your government to uphold the cardinal principle of
judicial independence by ensuring a policy of regular and punctual payment of salaries and allowances of judges and judicial workers.»
Mr Hogg
argued judicial independence was much stronger now than it has been and that the judge would be able to make the right decision independently.
The question, it found, was settled by the Supreme Court's decision in Ocean Port Hotel Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52, [2001] 2 S.C.R. 781, which held that the principle of
judicial independence did not apply to administrative tribunals, except insofar as their decisions concerned rights protected by sections 7 or 11 (d) of the Canadian Charter of Rights and Freedoms.
I'm less concerned about particular people holding certain positions (TechRights» Dr. Roy Schestowitz covers those issues in detail) than fundamental, structural deficiencies that have
allowed judicial independence at the EPO to wither.
EPLAW, the European Patent Lawyers Association, wrote a letter to the members of the Administrative Council expressing concern
over judicial independence at the EPO.
I still have workshops every now and then in which judges and ministry officials hint that asking the customers and making their views public could
infringe judicial independence or the democratic process.
The caliber of jurists on the Committee is also motivating for law students seeking to gain a better understanding of
why judicial independence is a significant issue.
Legal Times correspondent Tony Mauro, who blogged live from the speech, noted that the connection
between judicial independence and constitutional safeguards has been made before, «but not in such a direct way.»
Tobiass and Provincial Judges Association are two cases in an extensive string of important (and usually not unanimous) cases revolving around
judicial independence issues.
Phrases with «judicial independence»