An overview on judicial independence

Jim Moshar^*
*Correspondence: Jim Moshar, Department of Law, Terrace University of Leeds, Leeds, UK, Email:

Received: 01-Mar-2022, Manuscript No. IJLLS-22-59236; Editor assigned: 03-Mar-2022, Pre QC No. IJLLS-22-59236 (PQ); Reviewed: 18-Mar-2022, QC No. IJLLS-22-59236; Revised: 25-Mar-2022, Manuscript No. IJLLS-22-59236 (R); Published: 31-Mar-2022

About the Study

Judicial independence involves separation of the judiciary from the other branches of government. That is, judges should not be swayed by other branches of government, corporate interests, or partisanship in an unethical manner. The separation of powers concept is strongly reliant on judicial independence. In various nations, several techniques of judicial selection, or choosing judges, are utilised to deal with the issue of judicial independence. Giving judges life or long terms of office is one way of improving judicial independence since it allows them to make decisions based on the rule of law and judicial authority, even if such findings are politically unpopular or opposed by powerful interests. The power of judicial review enhances the judiciary’s authority to monitor the legislature in various countries. When the judiciary believes a department of government is refusing to perform a constitutional obligation, it can use this power to order specific actions or declare laws passed by the legislature unlawful.

Judicial independence safeguards the rights and privileges granted by a limited constitution by preventing executive and legislative violations. All authority and power must derive from a supreme source of law, according to the rule of law. The courts and their personnel are free from improper meddling in the activities of the judiciary under an independent judicial system. The judiciary may guarantee people’s rights and liberties with this independence, ensuring equal protection for all. The efficiency of the law and public respect for the law and the government that enacts it are both dependent on the judiciary’s ability to make fair rulings. Furthermore, it is a cornerstone of economic growth since multinational corporations and investors are more willing to invest in the economy of a country with a strong and stable judiciary that is free of outside influence. The role of the judiciary in determining the validity of presidential and parliamentary elections needs its independence.

Constitutional economics investigates topics including the equitable allocation of national income, as well as government spending on the court. The administration may have some control over judiciary spending in transitional and emerging countries. This compromises judicial independence by putting the judiciary in a financial bind with the executive branch. It’s critical to distinguish between two types of judicial corruption: public and private. The ability of businesses to efficiently promote the growth and development of a market economy might be hampered if the court is corrupted by the state. It has been proposed that the growth of judicial independence follows a cycle in which national law influences international law, and international law influences national law. This is said to happen in three stages: the first is the domestic development of the concept of judicial independence, the second is the international spread of these concepts and their incorporation into international law, and the third is the incorporation of these newly formulated international principles of judicial independence into national law. The United Kingdom, where judicial independence dates back over three centuries, exemplifies how national and international law and jurisprudence interact over time in the domain of judicial independence. Concepts and ideas have become richer as a result of this process, as they have been implemented in succeeding legal and political systems, each of which has expanded and developed the concepts and ideas it has actualized. Similar trends in conceptual cross-fertilization can be witnessed worldwide, especially in European Union law, civil law countries such as Austria, and other common law jurisdictions such as Canada.