Open Access
Journal Article
Judicial Independence and Rule of Law
by
Olivia White
FLPR 2021 3(1):16; 10.69610/j.flpr.20210216 - 16 February 2021
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 t
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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.