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2019•Oxford University Press eBooksRequires access

9. Judicial Independence

Alisdair A. Gillespíe, Siobhan Weare

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Abstract

This chapter considers the fundamental constitutional principle of judges being independent. Securing the independence of the judiciary is difficult and involves not only separation from the legislature and executive, but also from each other and the media. This chapter explores how this separation is upheld and critically examines the practicalities associated with maintaining judicial independence, including judicial salaries, tenure, and promotions. Issues of judicial ethics and restrictions on practice are also discussed.

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What this paper is about

This chapter considers the fundamental constitutional principle of judges being independent. Securing the independence of the judiciary is difficult and involves not only separation from the legislature and executive, but also from each other and the media. This chapter explores how this separation is upheld and critically examines the practicalities associated with maintaining judicial independence, including judicial salaries, tenure, and promotions. Issues of judicial ethics and restrictions on practice are also discussed.

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Available abstract

This chapter considers the fundamental constitutional principle of judges being independent. Securing the independence of the judiciary is difficult and involves not only separation from the legislature and executive, but also from each other and the media. This chapter explores how this separation is upheld and critically examines the practicalities associated with maintaining judicial independence, including judicial salaries, tenure, and promotions. Issues of judicial ethics and restrictions on practice are also discussed.

Key concepts: Independence (probability theory), Legislature, Judicial independence, Political science, Law, Separation of powers, Judicial discretion, Law and economics

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