Decisionmaking, independence and the judiciary
Hartmus Diane M.
Abstract
Hartmus Diane M.
Abstract
This article examines the relationship between judicial decision making and judicial independence. The article begins with an examination of judicial decisionmaking and moves into a discussion of the characteristics of judicial independence, both historically and in the present day. Next, the article examines recent incidents of infringement on judicial independence from both the legislative and executive branches in the areas of tenure, procedure and administration. The article concludes with a discussion of the effect of each of these types of infringements on judicial decision making.
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This article examines the relationship between judicial decision making and judicial independence. The article begins with an examination of judicial decisionmaking and moves into a discussion of the characteristics of judicial independence, both historically and in the present day. Next, the article examines recent incidents of infringement on judicial independence from both the legislative and executive branches in the areas of tenure, procedure and administration. The article concludes with a discussion of the effect of each of these types of infringements on judicial decision making.
Key concepts: Judicial independence, Independence (probability theory), Legislature, Judicial discretion, Judicial opinion, Judicial activism, Law, Political science