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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.
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.
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 ...
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). [11]
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.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional.