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Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. In most cases, judicial independence is secured by giving judges long, and sometimes lifetime, tenure and making them not easily removable. Image File history File links Gnome-globe. ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to hold the land. ...

[edit] History in English legal system

Judicial independence emerged slowly in England, and later the United Kingdom. Under the Norman monarchy, the king and his Curia Regis held judicial power. Later, however, more courts were created and a judicial profession grew. In the fifteenth century, the king's role in this feature of government thus became small.^[1] Nevertheless, kings could still influence courts, and could dismiss judges. The Stuart dynasty used this power frequently, in order to overpower Parliament. After the Stuarts were removed in the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the judiciary. Thus, King William III finally approved the Act of Settlement 1701, which established tenure for judges unless Parliament removed them.^[2] For other uses, see England (disambiguation). ... Curia Regis is a Latin term meaning Royal Council or Kings court. The Curia Regis in England was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters. ... (14th century - 15th century - 16th century - other centuries) As a means of recording the passage of time, the 15th century was that century which lasted from 1401 to 1500. ... The House of Stuart or Stewart was a Scottish, and then British, Royal House of Breton origin. ... The Glorious Revolution, also called the Revolution of 1688, was the overthrow of King James II of England (VII of Scotland) in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William... William III of England (The Hague, 14 November 1650 – Kensington Palace, 8 March 1702; also known as William II of Scotland and William III of Orange) was a Dutch aristocrat and a Protestant Prince of Orange from his birth, Stadtholder of the main provinces of the Dutch Republic from 28... Act of Settlement The Electress Sophia of Hanover The Act of Settlement (12 & 13 Wm 3 c. ...

[edit] In the United Kingdom

In the United Kingdom, this aspect of the separation of powers is less clear-cut than in the US. The key factors that help to ensure judicial independence in the British system are: The Politics series Politics Portal This box:      Separation of powers, a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

Selection In order to try and promote the independence of the judiciary, the selection process is designed to minimise political interference. The process focuses on senior members of the judiciary rather than on politicians.

Pay and rewards The pay of judges is determined by an independent pay review body. It will make recommendations to the government having taken evidence from a variety of sources. The government accepts these recommendations and will traditionally implement them fully.

Regulation The legal profession is a self regulating profession, i.e. it is responsible for its own professional standards and for dealing with those who fall short. In this case, the bodies are the Bar Council and the Law Society. A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... The Law Society of England and Wales is the professional association that regulates and represents the solicitors profession in England and Wales. ...

Security of tenure As long as judges hold their positions in "good order", they remain in post until they wish to retire or until they reach 70.

Political conventions There are two important conventions which help to preserve judicial independence.

• Parliament does not comment on the cases which are before the court
• Under a principle known as "Parliamentary Privilege", Members of Parliament are protected from prosecution in certain circumstances by the court.

Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... Parliamentary privilege, also known as absolute privilege, is a legal mechanism employed within the legislative bodies of countries whose constitutions are based on the Westminster system. ... A Member of Parliament, or MP, is a representative elected by the voters to a parliament. ...

[edit] In the United States

See also: Article Three of the United States Constitution

There are two types of Judicial independence. Institutional independence and decisional independence. Institutional indepencence means the judicial branch is independent from the executive and legislative branches. Decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without letting the media, politics or other things sway their decisions. Article Three of the United States Constitution establishes the judicial branch of the federal government. ...

The federal government of the United States of America, for example, gives all members of the Supreme Court, and all members of district courts and appeals courts, lifetime tenure. Other federal judges get substantial terms, such as fifteen years for judges of bankruptcy courts. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

Another prong of judicial independence is proper judicial selection. The American Bar Association, which advocates executive appointments of judges who have been cleared by screening committees (so-called "merit selection"), is at odds with many state legislatures which prefer election by the general public. The American Bar Association, and state bar associations generally, view judicial elections as rewarding political skills rather than legal skills. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...

The 2000 case of Bush v. Gore, in which the appointees of the first President Bush cast decisive votes that helped ensure the election of the second President Bush, thereby overruling the contrary decision reached by the Florida Supreme Court, whose members had all been appointed by Democratic governors, is seen by many as reinforcing the need for judicial independence. This case has focused increased attention on judicial outcomes as opposed to the traditional focus on judicial qualifications. Holding In the circumstances of this case, any manual recount of votes seeking to meet the December 12 “safe harbor” deadline would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. ...

[edit] In Canada

Canada has a level of judicial independence entrenched in its Constitution, awarding superior court justices various guarantees to independence under sections 96 to 100 of the Constitution Act, 1867. These include rights to tenure (although the Constitution has since been amended to introduce mandatory retirement at age 75) and the right to a salary determined by the Parliament of Canada (as opposed to the executive). In 1982 a measure of judicial independence was extended to inferior courts specializing in criminal law (but not civil law) by section 11 of the Canadian Charter of Rights and Freedoms, although in the 1985 case Valente v. The Queen it was found these rights are limited. They do, however, involve tenure, financial security and some administrative control. The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Senate Chamber of Parliament Hill in Ottawa. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... crap ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... Valente v. ...

The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges. The unwritten norm is said to be implied by the preamble to the Constitution Act, 1867. Consequently, judicial compensation committees such as the Judicial Compensation and Benefits Commission now recommend judicial salaries in Canada. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Holding There is a constitutional norm that protects the judicial independence of all judges. ... Look up Preamble in Wiktionary, the free dictionary. ... Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally-appointed judges. ...

[edit] References

1. ^ Justice Gerard La Forest, Provincial Judges Reference, Supreme Court of Canada, para. 305.
2. ^ Justice Gerard La Forest, Provincial Judges Reference, para. 306.