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Reseña:
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Reseña:The United Nations has endorsed the essential importance of an independentjudiciary by its adoption of the Basic Principles on the Independence of theJudiciary at its Seventh Congress in 1985.1 As a consequence of theadoption of the Basic Principles by the UN General Assembly, eachmember state is expected to guarantee the independence of its judiciary inits constitution or the laws of the country.2 Although judicial independenceseems on its face to be an obviously essential ingredient to any just and fairlegal system, a precise definition of the scope of the principle may bedifficult in a world of diverse cultures and legal systemsThe United Nations has endorsed the essential importance of an independentjudiciary by its adoption of the Basic Principles on the Independence of theJudiciary at its Seventh Congress in 1985.1 As a consequence of theadoption of the Basic Principles by the UN General Assembly, eachmember state is expected to guarantee the independence of its judiciary inits constitution or the laws of the country.2 Although judicial independenceseems on its face to be an obviously essential ingredient to any just and fairlegal system, a precise definition of the scope of the principle may bedifficult in a world of diverse cultures and legal systems. Simply stated, judicial independence is the ability of a judge to decide a matter free from pressures or inducements. Additionally, the institution of the judiciary as a whole must also be independent by being separate from government and other concentrations of power. The principal role of an independent judiciary is to uphold the rule of law and to ensure the supremacy of the law. If the judiciary is to exercise a truly impartial and independent adjudicative function, it must have special powers to allow it to “keep its distance” from other governmental institutions, political organisations, and other non-governmental influences, and to be free of repercussions from such outside influences. |
