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Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. [8] Their officers can be protected from removal by the president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan.
In republican government, the legislative authority necessarily predominates." One may claim that the judiciary has historically been the weakest of the three branches. In fact, its power to exercise judicial review—its sole meaningful check on the other two branches—is not explicitly granted by the U.S Constitution.
Supreme Court Chief Justice John Roberts issued a warning on Tuesday that the United States must maintain "judicial independence" just weeks away from President-elect Donald Trump's inauguration ...
WASHINGTON — Chief Justice John Roberts issued a defense Tuesday of judicial independence, which he said is under threat from intimidation, disinformation and the prospect of public officials ...
Judicial power includes that granted by Acts of Congress for rules of law and punishment. Judicial power also extends to areas not covered by statute. Generally, federal courts cannot interrupt state court proceedings. [123] Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only.
They also worry that term limits would foster legal instability, increase partisan bickering, further politicize the Supreme Court, undermine its perceived legitimacy, and weaken its independence.
Federalist No. 78 views the judicial branch as inherently weak because of its inability to control either the money or the military of the country. The only power of the judicial branch is the power of judgment: The Executive not only dispenses the honors but holds the sword of the community.