Independence of the Judiciary

Independence of the Judiciary

 

one of the democratic constitutional principles of the socialist system of law, according to which judges, in rendering a judgment (sentence, ruling, or order), are not bound by any influences outside the system of law and are obliged to be guided entirely by the law in conformity with their socialist legal consciousness (for example, Constitution of the USSR, art. 112).

The organizational structure of the judicial system in socialist states excludes any influence by higher-ranking agencies (judicial or other) on decisions or judgments rendered by the court in specific cases. To ensure the organizational independence of the court, legislation in the socialist countries provides for numerous guarantees, including the election of judges and people’s assessors at all levels of the judicial system, the right of voters to recall judges who have lost their trust, and a special system of legal and disciplinary responsibility for judges. There are also legal guarantees of independence of the judiciary, such as the directness, continuity, and oral nature of judicial examination, the right to challenge a judge, and the privacy of the judges’ conference room.

The members of a particular court panel are independent of one another in rendering a judgment or sentence; this is ensured by giving each member of the court equal rights (each judge may announce his own opinion).

In the bourgeois states, the position of the judiciary in the state mechanism is theoretically based on the principle of separation of powers, according to which there are supposedly three independent agencies of power in the state: the legislative, the executive, and the judicial. In fact, however, judges are appointed by the head of state in most of the bourgeois countries, and usually they cannot be replaced. This practice alone indicates that the bourgeois court and judges are subordinate to the interests of the ruling classes and makes judges dependent on higher agencies of government.

References in periodicals archive ?
Questions about the independence of the judiciary would be avoided when speaking to politicians from the Republican People's Party (CHP), the Motherland Party (ANAVATAN) or the True Path Party (DYP), who didn't believe what they were uttering, but their case would make many smile.
ISLAMABAD -- The Supreme Court Bar Association of Pakistan on Wednesday stated that only in service judges should be elevated in the Supreme Court of Pakistan for independence of the judiciary.
International standards and best practices on the independence of the judiciary are the focus of an OSCE-supported three-day seminar that opened in Ashgabat today.
Bilawal Bhutto Zardari said that lawyer community has played pivotal role for the independence of the judiciary and restoration of democracy in Pakistan.
It is also "a sign of acknowledgement of his efforts in defending individual freedoms, justice and independence of the judiciary as foundations of the republican regime," the same source added.
Hilal bin Mohammed al- Rashdi, presented a working paper on the independence of the judiciary in the Sultanate, the progress made by it and the Omani experience in the field.
The three-day conference will discuss shortening time of lawsuit and bolstering independence of the judiciary in the light of the Arab experiences, Deputy Chief Judge of the Court of Cassation and the member of Supreme Judicial Council Counselor Abdulaziz Al-Fahad told KUNA.
Bulgaria's government is exploring ways to enforce independence of the judiciary and put an end to what Justice Minister Hristo Ivanov describes as decades-long dubious practices.
It is, moreover, necessary to ensure as soon as possible a thorough and independent investigation of the material revealed and any criminal wrongdoing, with full regard for due process, the principle of the independence of the judiciary and the presumption of innocence," the report says.
Citing the Keshavananda Bharti case, Nariman said " The judgment which enshrined separation of powers and independence of the judiciary cannot be altered through any amendment by Parliament.
He replied: "Mursi sought the independence of the judiciary and fought for this before the revolution and after he became president.
He stressed Washington's support for Baghdad in various areas, including support for the independence of the judiciary and law enforcement.

Full browser ?