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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.
Judicial independence is protected by Singapore's Constitution, statutes such as the State Courts Act and Supreme Court of Judicature Act, and the common law. Independence of the judiciary is the principle that the judiciary should be separated from legislative and executive power, and shielded from inappropriate pressure from these branches of ...
The association began in the 1980s. It conducted international projects and adopted international standards on judicial independence. The association promoted the New Delhi Minimum Code of Judicial Independence, adopted in cooperation with the International Bar Association in 1982; [1] the Montreal Declaration on the independence of justice [2] adopted in cooperation with The World Association ...
Judicial independence is regarded as one of the foundation values of the Australian legal system, [1] such that the High Court held in 2004 that a court capable of exercising federal judicial power must be, and must appear to be, an independent and impartial tribunal. [2]
A further development in English thought was the idea that the judicial powers should be separated from the executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following the Restoration , in the late years of Charles II and during the short reign of James II (namely, during the 1680s).
The Court gave three requirements for judicial independence within the meaning of section 11(d) of the Charter. There must be 1) security of tenure, 2) financial security, and 3) institutional independence in administrative matters relevant to the functioning of the judge. On the facts, the Court found that all three requirements had been ...
[1] [2] The emergence of responsible government in the Australian colonies in the 19th century saw the emergence of judicial independence, [3] such that by Federation in 1901, federal judges and supreme court judges accused of judicial misconduct could, generally, only be removed from office as a result of an address passed by the relevant ...
Beauregard v Canada [1986] 2 S.C.R. 56 was a decision by the Supreme Court of Canada on judicial independence.Notably, the Court found that judicial independence is based partly on an unwritten constitution, and that some institutional independence is needed so that judges can guard the Constitution of Canada.