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 ?
Many politicians recently have stepped up their dangerous assaults on the independence of the judiciary, which is essential for the vigorous enforcement of constitutional rights.
The man who is tipped to be Lord Advocate in a Labour government, said: "At the present time, it appears politicians are determined to interfere with the independence of the judiciary.
Gubbay, former Chief Justice of Zimbabwe, has shown exemplary courage in upholding the independence of the judiciary and in protecting the rights of the people of Zimbabwe.
Justices testifying in the impeachment proceedings against the highest magistrate of the land believe that they are not undermining the independence of the judiciary.
The Oppositions latest political spin on Ms Efimova, who has repeatedly refused to appear in court proceedings in cases unrelated to politics and brought before her allegations surfaced, can only be seen as an attack on the independence of the judiciary and the rule of law.
Hence, ad hoc committees at the ministry will focus on "the independence of the judiciary, the ethics of the profession, the quality of public justice service and protection of the rights of litigants.
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.
They face several accusations, including using the social media outlets to propagate against the Saudi judiciary, criticize Islamic Sharia law and interfere in the independence of the judiciary, depicting it as backward.
A resolution unanimously passed in general body meeting of KBA said here on Tuesday that "this bar always struggled for the rule of law and independence of the judiciary and for democracy.
Chief Justice Jillani added that independence of the judiciary could not only be achieved through what was written in the constitution and it was essential to restore the trust of people in the justice system.
Bulgaria is last but one in the European Union by citizens' trust in the independence of the judiciary, according to the 2014 EU Justice Scoreboard.
ySTANBUL (CyHAN)- After a voice recording of Prime Minister Recep Tayyip Erdoy-an -- in which he is heard meddling in the judiciary by ordering his justice minister to "closely monitor" judicial proceedings related to a businessman -- was posted on the Internet, the International Press Institute (IPI) told a Turkish newspaper that the government had previously declined to drop criminal cases against journalists, arguing that they did not want to interfere with the independence of the judiciary.

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