Judicial Independence Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

Judicial independence in modern society and in the classical liberal tradition is considered to be one of the cornerstones of any free and democratic society. But what is meant by judicial independence?

Considering the concept of the term independence, the first definition that comes to mind usually involves the idea of freedom. When freedom is applied to a principle, a person, or an entity, it usually is used in the context of freedom from some form of restraint or influence. In this matter, the entity under examination is the judiciary, which in most governments is the formal structure of courts to resolve legal disputes.

Courts, when resolving legal disputes, can be subjected to a number of influences. These influences may include other branches of government, the litigants, other judges, special interest groups, and society or public opinion. Each of these potential influencing entities might have a particular interest in how individual cases are decided by the courts. If any of these entities had a controlling influence over the courts in the adjudication process, then it can be logically concluded that judicial independence was lacking. However, there is another influence over the courts that many people would consider to be a proper and a controlling influence: the law. Generally, the courts are expected to make rulings according to law, under the assumption that the law is designed to accomplish justice.

This leads to the reason why many free and democratic political systems and societies find at least some form of judicial independence desirable and incorporate judicial independence into their legal systems. Free and democratic societies generally, at least in theory if not practice, follow the principles of fairness and justice in the resolution of legal disputes, with decisions being made in accordance with the facts and previously established law, giving all parties notice and the opportunity to be heard. If the courts can be controlled by other influencing factors, such as the ones listed in the previous paragraph, then the decisions of the courts likely will not be based on the facts and the previously ascertained law.

Indeed, history is replete with examples of societies and political systems where the judiciary has little or no judicial independence. In these political systems, resolution of legal disputes might depend on such factors as the whim or caprice of the rulers or on the desires of a wealthy opponent who could cause the decision to be based on factors other than the facts or the law. Even in free and democratic societies, external factors such as public opinion and special interest groups have been known to influence court decisions. Examples of judicial corruption, even in free and democratic societies, are too numerous to be listed here.

In the basic governmental structure of most free and democratic societies, the courts are separate and distinct from the other major branches of government. Usually, such as in the United States of America, there are three basic functions or branches of government: the executive, the legislative, and the judicial. This structure was advocated by one of the famous French philosophers of the Enlightenment, Montesquieu, whose writings greatly influenced the Founders when they wrote the U.S. Constitution. This governmental structure was intended to help prevent tyranny, wherein power was concentrated in a single person or group of people. In many tyrannies throughout history, the tyrants could control the adjudication process as a means of social and political control. Judicial independence from the other functions of government helps ensure a fair adjudication on the facts and law before the courts.

As this discussion illustrates, judicial independence is not a precise term. One definition of it can mean that the judges are completely independent of all influences, including the law. Of course, such an interpretation is an extreme example that no government follows. Judicial independence, in the context of a free and democratic society with a government of laws, is a concept that allows the courts freedom from controlling influence from other branches of government, special interest groups, or wealthy litigants, but also contemplates limits on the courts to act within the scope of the law and the principles of justice where the law does not address specific situations.

Examples of the application of the concept of judicial independence are found in national governments, such as the U.S. Constitution and its doctrine of the separation of powers, and international treaties, such as Article 14 of the International Covenant on Civil and Political Rights.

Bibliography:

Breyer, Stephen. “Judicial Independence: Remarks by Justice Breyer.” Georgetown Law Journal 95 (2007): 903.
Casper, Gerhard. “An Essay in the Separation of Powers: Some Early Versions and Practices. William and Mary Law Review 30 (1989): 211.
Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831).
Cross, Frank. “Judicial Independence.” In The Oxford Handbook of Law and Politics, edited by Keith Whittington, R. Daniel Kelemen, and Gregory Caldeira, 557–575. New York: Oxford University, 2008.
Plaut v. Spendthrift Farm, 514 U.S. 211 (1995).
Schwartz, Bernard, ed. The Warren Court: A Retrospective. New York: Oxford University Press, 1996.
Steele, Myron T. “Judicial Independence.” Widener Law Journal 18 (2009): 299–307.
Stuchell, Dana. “Constitutional Crisis in Pennsylvania: Pennsylvania Supreme Court v. Pennsylvania General Assembly.” Dickinson Law Review 102 (1997): 201.
Vanberg, Georg. “Establishing and Maintaining Judicial Independence.” In The Oxford Handbook of Law and Politics, edited by Keith Whittington, R. Daniel Kelemen, and Gregory Caldeira, 99–118. New York: Oxford University, 2008.
West, Lee R. “Judicial Independence: Our Fragile Fortress against Elective Tyranny.” Oklahoma City University Law Review 34 (2009): 59.
Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1932).

This example Judicial Independence Essay is published for educational and informational purposes only. If you need a custom essay or research paper on this topic please use our writing services. EssayEmpire.com offers reliable custom essay writing services that can help you to receive high grades and impress your professors with the quality of each essay or research paper you hand in.