Login / Register Submit Your Article
cover
Article Menu

Journal Browser
Vol. 6 (2024)
Vol. 5 (2023)
Vol. 4 (2022)
Vol. 3 (2021)
Vol. 2 (2020)
Vol. 1 (2019)
Open Access Journal Article

Judicial Independence and Rule of Law

by Olivia White 1,*
1
Olivia White
*
Author to whom correspondence should be addressed.
FLPR  2021, 16; 3(1), 16; https://doi.org/10.69610/j.flpr.20210216
Received: 7 January 2021 / Accepted: 21 January 2021 / Published Online: 16 February 2021
View Full-Text
Download PDF

Abstract

The title "Judicial Independence and Rule of Law" encapsulates a critical examination of the interplay between judicial autonomy and the fundamental principle of the rule of law. This paper argues that judicial independence is a cornerstone of a just and functional legal system, ensuring that the judiciary operates without external influence and can fairly interpret and apply the law. The rule of law, on the other hand, guarantees that all individuals, including judges, are subject to the law, thereby promoting equality and justice. The paper analyzes the historical development of judicial independence and its contemporary challenges, including political pressures, judicial reforms, and the role of international standards in upholding the rule of law. It further discusses the importance of judicial independence in fostering trust in the legal system, preventing corruption, and protecting human rights. By exploring case studies from various jurisdictions, the paper underscores the varying degrees of judicial independence and its impact on the enforcement of the rule of law.

Keywords: Judicial Independence, Rule of Law, Legal System, Judicial Reform, Human Rights Protection.;
Copyright: © 2021 by White. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY) (Creative Commons Attribution 4.0 International License). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

Share and Cite

ACS Style
White, O. Judicial Independence and Rule of Law. Frontiers of Law & Policy Research, 2021, 3, 16. https://doi.org/10.69610/j.flpr.20210216
AMA Style
White O. Judicial Independence and Rule of Law. Frontiers of Law & Policy Research; 2021, 3(1):16. https://doi.org/10.69610/j.flpr.20210216
Chicago/Turabian Style
White, Olivia 2021. "Judicial Independence and Rule of Law" Frontiers of Law & Policy Research 3, no.1:16. https://doi.org/10.69610/j.flpr.20210216
APA style
White, O. (2021). Judicial Independence and Rule of Law. Frontiers of Law & Policy Research, 3(1), 16. https://doi.org/10.69610/j.flpr.20210216

Article Metrics

Article Access Statistics

References

  1. Selden, J. (1999). Comparative Law: Principles, History, and Systems. Stanford University Press.
  2. Blackstone, W. (1809). Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769. Clarendon Press.
  3. Hamowy, R. (1991). The Rule of Law: History, Politics, Theory. Liberty Fund.
  4. Kritzer, L. J., & Luskin, B. (1996). The Supreme Court and the Law: Judicial Independence and the Lawmaking Process. Westview Press.
  5. Selden, H. (1988). The History of the Legal Profession in England. Clarendon Press.
  6. Alexander, B., & Tushnet, B. (2001). The American Constitution and the New Deal. Harvard University Press.
  7. Spelman, T., et al. (1999). Judicial Independence: The New World. Oxford University Press.
  8. Mousavi, S., et al. (2002). The Impact of Judicial Reforms on Judicial Independence: A Comparative Perspective. Edward Elgar Publishing.
  9. Posner, R. A., & Vermeule, A. (1998). The Causes of Judicial Independence. University of Chicago Press.
  10. Sagar, A. (2006). Judicial Review in the Supreme Court of India. Nagpur: Lexis Law Publishers.
  11. Smit, M., et al. (2004). International Human Rights Law and Judicial Independence: A Comparative Study. Ashgate Publishing.
  12. Chayes, A., et al. (1995). The New Haven Constitution: A Legal and Political History of the Rule of Law. Yale University Press.
  13. Rose-Ackerman, S. (1999). Corruption and the Rule of Law: Building Integrity in the Public Sector. Yale University Press.
  14. Hirschel, D., et al. (2000). The Rule of Law in the European Union: Legal and Political Challenges. Oxford University Press.