Judicial Independence in Light of the Basic Principles on the Independence of the Judiciary: Who has the Right Idea?ExpressO (2010)
AbstractJudicial independence is a crucial component inherent in the proper and effective administration of any government. Critical to this doctrine is the larger requirement of a separation of powers, which must be established before attempting to affect any concept of judicial independence. Judicial independence essentially represents a judiciary’s ability to render decisions free of improper influences, both internal and external. The United Nations has set forth a minimum standard of judicial independence with which States should seek to comply in order to protect civil liberties and in a greater sense, human rights. Evaluating the jurisdictions of Canada, Jamaica, and the Islamic Republic of Pakistan against this minimum standard will determine the level of their compliance and any shortcomings. Recognizing these shortcomings is the first key step to reforming policies that run afoul of this doctrine. States should strive to comply with this international standard in their quest for true judicial independence.
- judicial independence,
- separation of powers
Publication DateSeptember 8, 2010
Citation InformationUbaid ul-Haq. "Judicial Independence in Light of the Basic Principles on the Independence of the Judiciary: Who has the Right Idea?" ExpressO (2010)
Available at: http://works.bepress.com/ubaid_ul_haq/3/