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 ?
ISLAMABAD -- Pakistan Muslim League-Nawaz (PML-N) Spokesperson Marriyum Aurangzeb has said that the Imran Khan-led government has attacked the independence of the judiciary through Whatsapp while the government silence on Federal Law Minister meeting with a senior judge at Kashmir House is a confession of the crime.
Murtezic handed a letter of thanks to the Ambassador and said that he believes his support for the independence of the judiciary in Bosnia and Herzegovina will remain a legacy for anyone who continues to work on securing an independent, unbiased and professional judiciary, and that co-operation with the OSCE will continue.
"We also discussed the important role played by the judiciary at the current stage, especially the independence of the judiciary," the UK diplomat added.
Speaking on the sidelines of the opening of the two-day seminar of the Arab Union of Judges, Amri noted that since the creation of the Arab Union of Judges in September 2018 in Tunisia it was possible to develop Arab standards for the independence of the judiciary by drawing on the advanced experiences of many Arab countries and taking into account the specificities of the Arab region and its history.
It can be strongly emphasized that the American presidential system, the model of which we seem to have adopted in Nigeria, is firmly based on the separation of powers and the independence of the judiciary. In this regard, one cannot fail to appreciate that the concept of separation of powers offers the judiciary a protective device both for the protection of the independence of the judiciary and against allegation of judiciary intrusion into matters more appropriate to the legislature or the executive.
Members of the Council said they will make every effort to consolidate the independence of the judiciary and its restitution.
Mr Muhammad fielded questions on various subjects, relating to the independence of the judiciary, corruption in the judiciary, establishment of special courts for corruption trial and respect for court rulings, among others.
The petition contended that it was necessary to jealously guard the independence of the judiciary, since it was the right of the petitioner to have free and independent judiciary to protect fundamental rights of all people, including their rights to life, liberty and property.
Independence of the judiciary is a doctrine deeply embedded in the fabric of the Constitution.
In another tweet, the PM's aide said the ruling Pakistan Tehreek-i-Insaf (PTI) has always been at the forefront of struggle to ensure independence of the judiciary and rule of law in the country.
Firdous said that references against the judges should not be considered as as attack on the independence of the Judiciary. She said that the judiciary itself would decide the matter.
They were treated to a star-studded, two-day program covering such important topics as the role of lawyer in our society, the independence of the judiciary, the mechanics of civil and criminal law and ground-breaking decisions that have formed our case law, among many other important topics.

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