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Attacks on the Judiciary: Judicial Independence ― Reality or Fallacy?

Attacks on the Judiciary: Judicial Independence ― Reality or Fallacy? 1 JUDICIAL INDEPENDENCE In all judicial systems, judges can hardly perform their duties properly unless they are independent and immune from either direct or indirect attacks. Attacks on the judiciary are numerous and at both personal and professional levels.' Any attack on the judiciary, whether it takes place by accident or on systematic basis, definitely harms judicial performance overall, detracts from litigants' fundamental rights and consequently affects judicial independence as a basic foundation for modern, democratic societies. We cannot, therefore, assume that justice exists within any given system of government in the absence of judicial independence. When discussing judicial independence as a foundation for the notion of good administration of justice,2 we have to be aware that the idea of judicial independence is a well-established legal doctrine that has been in force for years. It has been authorized all over the world wherever civilized government systems exist. In its essence, judicial independence is considered to be one of the fundamental human rights that have to be constitutionally guaranteed to every person in our contemporary world. When this basic guarantee is enhanced, the need for other safeguards in the judicial process logically decreases.3 At the international level, we observe http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of Islamic and Middle Eastern Law Online Brill

Attacks on the Judiciary: Judicial Independence ― Reality or Fallacy?

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-2987
DOI
10.1163/221129800X00023
Publisher site
See Article on Publisher Site

Abstract

1 JUDICIAL INDEPENDENCE In all judicial systems, judges can hardly perform their duties properly unless they are independent and immune from either direct or indirect attacks. Attacks on the judiciary are numerous and at both personal and professional levels.' Any attack on the judiciary, whether it takes place by accident or on systematic basis, definitely harms judicial performance overall, detracts from litigants' fundamental rights and consequently affects judicial independence as a basic foundation for modern, democratic societies. We cannot, therefore, assume that justice exists within any given system of government in the absence of judicial independence. When discussing judicial independence as a foundation for the notion of good administration of justice,2 we have to be aware that the idea of judicial independence is a well-established legal doctrine that has been in force for years. It has been authorized all over the world wherever civilized government systems exist. In its essence, judicial independence is considered to be one of the fundamental human rights that have to be constitutionally guaranteed to every person in our contemporary world. When this basic guarantee is enhanced, the need for other safeguards in the judicial process logically decreases.3 At the international level, we observe

Journal

Yearbook of Islamic and Middle Eastern Law OnlineBrill

Published: Jan 1, 1999

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