Judicial independence

Judicial independence is the principle that judges decide cases impartially, free from improper influence by government, litigants, or other powerful interests. It relies on protections for courts and individual judges.

Security of tenure: Protection against arbitrary removal from a public office before its term or lawful retirement. Secure tenure limits threats of dismissal aimed at changing a judge’s decisions.
Impartiality: Fair treatment of parties without bias or favoritism. Impartiality concerns a judge’s approach to a case; independence protects the conditions for it.
Judicial activism: A description of judicial decisions seen as extending courts’ role in shaping law or public policy. It concerns the perceived reach of rulings, not whether judges are free from improper pressure.
Marbury v. Madison: The 1803 United States Supreme Court case that established the Court’s authority to review federal laws for constitutionality. The case illustrates a court asserting legal authority against a government official.
Judicial salaries: Compensation paid to judges for performing judicial duties. Protected pay can prevent governments from pressuring judges through financial retaliation.
Separation of powers: A system that divides governmental authority among distinct branches. Dividing state power helps prevent political officials from directing judicial decisions.
Judicial restraint: A judicial approach that favors limited intervention and deference to elected branches or precedent. Restraint is a decisional philosophy, not the institutional independence that permits a choice.
Brown v. Board of Education: The 1954 United States Supreme Court decision holding racial segregation in public schools unconstitutional. Its ruling against entrenched state policy exemplifies the stakes of courts deciding independently.
Judicial appointment: The process by which people are selected and formally appointed to judicial office. Appointment rules shape how political actors can influence the composition of courts.
Rule of law: The principle that public power is exercised under law and that legal rules constrain officials. Judicial independence supports legal limits on government, but is one part of the broader rule of law.

Linked from 25 pages