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Independence of the judiciary

Independence of the judiciary (also judicial independence ) is the principle that the [judiciary] should be politically insulated from the [legislative] and the [executive] power. That is, [court] s should not be subject to improper influence from the other [branches of government] , or from private or partisan interests.

Different nations deal with the idea of judicial independence through different means of judicial selection, or choosing [judge] s. One way to promote judicial independence is by granting [life tenure] or long tenure for judges, which ideally frees them to decide [cases] and make [rulings] according to the [rule of law] and [judicial discretion] , even if those decisions are politically unpopular or opposed by powerful interests. But they may have conflicts with republicanism and they could support it.

In some countries, the ability of the judiciary to check the legislature is enhanced by the power of [judicial review] . This power can be used, for example, when the judiciary perceives that legislators are jeopardizing [constitutional right] s such as the [rights of the accused] .

Canada

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