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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Independence of the Judiciary

Mia Swart

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 April 2024

Judicial review — Judicial accountability — Judicial independence — Judicial power — Selection of judges

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The concept of judicial independence is not defined in an exact way and often varies from jurisdiction to jurisdiction. This does not detract from its status as a cornerstone of the rule of law. It also does not mean that there are no core features of judicial independence upon which there is universal agreement. Vital to the concept of judicial independence is the idea that courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Judicial independence is therefore conceived and understood...
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