POLS 3130 Chapter Notes - Chapter 6: Social Fact, Judicial Activism, Judicial Misconduct
2 Feb 2014
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Important to remember the broader political and social context in which judicial independence exists. Long summary: the independence of the judiciary is an essential part of the fabric of our free and democratic society. It is recognized and protected by the law and the convention of the. Constitution as well as by statue and common law: the essential purpose of judicial independence is to enable judges to renders their deicisions in how they interpret the law without fear of consequences. This assures the public that their cases will be tried freely and applied without fear or favour. Impartiality refers to a subjective frame of mind, whereas independence refers to more objective or (external) institutional relations between courts and other actors which permit such impartiality. It has been established that judicial independence has both an individual and collective dimension to it, that it must protect not only individual judges but the judiciary as a whole.
