The rule of law and the independence of the judiciary

Abstract

This paper will focus on the rule of law principles underlying the right to a fair trial, especiallythe role of an independent judiciary. Following a consideration of the major internationalinstruments in this area will be a brief examination of some of the ways that these internationalstandards have been implemented in a selection of jurisdictions, including those of internationalcriminal tribunals. Some of the current threats to judicial independence will be highlighted,including attacks on the judiciary by the media and the legislature even in well-establisheddemocracies.