Judicial Independence, the Power of the Purse, and Inherent Judicial Powers

Abstract

Reseña:legislature a powerful trump cardwhen disagreements arise between it andthe other branches of government, onethat is so potent that it can threatenjudicial independence. To limit thisthreat, the American founders wroteinto the U.S. Constitution the guaranteethat salaries of judges shall notbe diminished during their time inoffice. (Although such a guarantee iscommon in American state constitutionsand endorsed by the United Nations, worldwide it isone of the least-used constitutional provisions for securingjudicial independence.2) Though important to preservingthe independence of individual judges to makecontroversial decisions, the guarantee of undiminishedsalaries remains fairly marginal to the central conflictsbetween courts and legislatures over money and the abilityof the judiciary to serve as an effective and independentbranch of government. In extreme cases, judges maybe denied such basics as an office, an adequate supply ofpaper, and an up-to-date compendium of statutes.3 Fortunately,American judges are rarely faced with such deprivation,but the adequacy of resources provided bylegislatures to handle judicial business continues to be acontentious issue—especially in the statesAn effective power of the purse gives the legislature a powerful trump cardwhen disagreements arise between it andthe other branches of government, onethat is so potent that it can threatenjudicial independence. To limit thisthreat, the American founders wroteinto the U.S. Constitution the guaranteethat salaries of judges shall notbe diminished during their time inoffice. (Although such a guarantee iscommon in American state constitutionsand endorsed by the United Nations, worldwide it isone of the least-used constitutional provisions for securingjudicial independence.2) Though important to preservingthe independence of individual judges to makecontroversial decisions, the guarantee of undiminishedsalaries remains fairly marginal to the central conflictsbetween courts and legislatures over money and the abilityof the judiciary to serve as an effective and independentbranch of government. In extreme cases, judges maybe denied such basics as an office, an adequate supply ofpaper, and an up-to-date compendium of statutes.3 Fortunately,American judges are rarely faced with such deprivation,but the adequacy of resources provided bylegislatures to handle judicial business continues to be acontentious issue—especially in the states.