Judicial Independence Essay

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1 of 3 SAYED-UL-HAQUE (Dinar) Barrister of Lincoln’ s Inn LL.B (University of Manchester) Advocate, Supreme Court of Bangladesh. Contact- 01914556464 PUBLIC Q & A Judicial Independence 2013-14 Judicial Independence Answer 1. It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature, by individual litigants, particular pressure groups, the media, self-interest or other judges, in particular more senior judges. 2. Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the rule of law - that is, to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source. 3. The doctrine of the "separation of powers" has traditionally proposed that the state is divided into the separate and distinct arms of Executive, Legislature and Judiciary, whereby each arm acts as a "check and balance" on the others. 4. However, until recently this doctrine was not observed in the UK, with the Executive

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