Impact of Judicial Independence Principle on Consolidation of Rule of Law

Judicial independence refers to the power and authority of judicial system to avoid the hegemony of some factors affecting the courts’ verdicts. Applying the principle of judicial independence within legal systems can ensure justice in different fields. This principle, within a domestic legal system, immunes the judicial system against the assaults of executive and legislative powers and prevents the other powers’ interference in this system’s affairs. The implementation of this principle also plays a great part in international law considering the increasing process of forming courts and international arbitrations. This role is significant so much so that the realization of other specific functions of judicial system is completely dependent on it. Of course, the applications of this principle are very extensive and the most important one is to preserve the court’s power in a fair and legal decision-making. The last stage, however, for law to deal with is the introduction of a subject into a court to decide upon. Perhaps, a given subject has passed its legal stages before arriving to a court- including domestic international and legal-criminal. And it may have been referred to a court due to inaccurate law enforcement. Thus, if at this stage and within the framework of judicial system, there would be no tools for the accurate law enforcement, the “legislation purpose” is not fulfilled.