Abstract: It is the institutional and individual independence of the judiciary that underpins the ability of judges to adjudicate, impartially, between the parties that appear before them. In addition, it is this independence that grants legitimacy to the judicial role, for without it, claims to impartiality would rightly be regarded as a sham. Judicial independence, therefore – crucially – provides the foundations from which judicial analysis of politically contested issues can legitimately proceed. An independent judiciary – autonomous from the elected branches of government and impartial as between the parties to the case – is regarded as a fundamental requirement of the rule of law, and has been argued to form the central pillar of separation of powers in the UK constitution.
Publication Year: 2010
Publication Date: 2010-12-02
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 10
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