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	Judicial independence - Wikipedia, the free encyclopedia
		Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests.
		In 1982 a measure of judicial independence was extended to inferior courts specializing in criminal law (but not civil law) by section 11 of the Canadian Charter of Rights and Freedoms, although in the 1985 case Valente v.
		The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges.
	en.wikipedia.org /wiki/Judicial_independence (657 words)

	COURTS & POLITICS: JUDICIAL INDEPENDENCE SUMMING UP
		Judicial councils: Several participants mentioned the desirability of affording a collective means for protection of, and support for, judges the subject of calumny or threatened retaliation for their decisions.
		Independence and impartiality: Maintenance of a high reputation for competence and impartiality was seen by many as a prerequisite to the defence of judicial independence.
		Codes of judicial conduct: There was much recognition of the fact that a feature of judicial independence was the accountability of the judiciary to the hierarchy of appeals and judicial review and to proper systems of determining complaints about misconduct, capacity and judicial performance.
	www.hcourt.gov.au /speeches/kirbyj/kirbyj_summing.htm (3115 words)

	JUDICIAL INDEPENDENCE, Brennan CJ
		Judicial independence does not exist to serve the judiciary; nor to serve the interests of the other two branches of government.
		Judicial review of executive action has blown the wind of legal orthodoxy through the silent corridors of the bureaucracy, ensuring that powers whose exercise is apt to affect individual interests are constrained by requirements of procedural fairness.
		Judicial independence is not a quality that is picked up with the judicial gown or conferred by the judicial commission.
	www.hcourt.gov.au /speeches/brennanj/brennanj_ajc.htm (2096 words)

	[No title]
		Judicial independence was not intended to be a shield from public scrutiny.
		Judicial independence in America was a reaction of the founding fathers to persecution at the hands of the English monarchs.
		The advocates of judicial independence refuse to take note of these complaints and would merely attribute the public's dissatisfaction with the judiciary to differences of opinion on intellectual political issues such as school desegregation, the right to abortion and the death penalty.
	www.judicialaccountability.org /judicialaccountability2.htm (828 words)

	BurtLaw on Judicial Independence & Accountability
		I suggest that judicial independence is not that which results from relying on endorsements from partisan politicians, however sincere their expressions of nonpartisanship on a particular occasion may appear to be or however "unified" they may be in their endorsements.
		I also suggest that real judicial independence is not that which results from relying on endorsements and contributions of money and time from lawyers who regularly practice before the court on which one serves.
		Judicial accountability also requires that the chief justice and associate justices give strict scrutiny to the entire budget for the entire state court system.
	www.lawandeverythingelse.com /id49.htm (3083 words)

	USIS -- Issues of Democracy, December 1996 -- Breyer on Judicial Independence
		The five components of judicial independence are: the constitutional protections that judges in the United States have; the independent administration of the judiciary by the judiciary; judicial disciplinary authority over the misconduct of judges; the manner in which conflicts of interest are addressed; and the assurance of effective judicial decisions.
		This aspect is not always at the center of considerations of judicial independence, but if one thinks about how a working environment affects one's work, then one understands that the question of who controls the context in which judges decide cases matters a great deal to the idea of the independence of the judiciary.
		The fourth aspect of judicial independence is the importance of self-control and avoidance of prejudice.
	usinfo.state.gov /journals/itdhr/1296/ijde/breyer.htm (2180 words)

	LWVCA: Judicial Independence
		Judicial independence is the freedom a judge should have to decide a case based on the facts and the law, not public opinion, the views of special interest groups or even a judge's own personal beliefs.
		According to the American Bar Association (ABA) committee on judicial independence, each of the three branches of government has specific duties and responsibilities and a system of checks and balances was created to ensure no single branch would dominate the government.
		While these judicial elections are non-partisan, a 2002 statewide poll conducted by Opinion Strategies, Inc. for the LWVO Education Fund found that 83% of Ohioans believe judicial decisions are affected by political contributions.
	www.lwvcincinnati.org /publications/JudicialIndependence.html (2358 words)

	The National Center for State Courts - Home Page (Site not responding. Last check: 2007-10-22)
		Judicial independence is the principle that judges should be free to use their best judgment to interpret and apply the law without fear of punishment.
		Indeed, the effective operation of the judicial system within democratic societies depends upon a balance between the independence of judges to consider the facts and the law of each case with an open mind and unbiased judgment and the need for comity and public accountability.
		Within the field of judicial administration, there has come to be an understanding that the independence of the judiciary from intervention—warranted or otherwise—by the other branches can be best assured by the courts’ effective management of their own operations.
	www.ncsconline.org /WC/FAQs/JudIndFAQ.htm (1490 words)

	Supreme Court - JUDICIAL INDEPENDENCE: Lawlink NSW (Site not responding. Last check: 2007-10-22)
		Judicial independence is a catch phrase familiar to judges and others concerned with the body politic.
		Few understand that judicial independence is an essential condition for maintaining the rule of law; that the rule of law binds not only the citizen but the legislature and the executive, the government and its officials.
		The central element of judicial independence is the freedom of a judge to hear and decide cases without interference and uninfluenced by an outsider - be it government, pressure groups or anyone else.
	www.lawlink.nsw.gov.au /sc\sc.nsf/pages/sheller_030502 (5317 words)

	Constitutional Aspects of Judicial Independence
		The constitutional aspects of judicial "independence" refers to an independence in at least five ways — in non political appointments to a court, in a guaranteed tenure and salary for the judges, in executive and legislative non-interference with court proceedings or office holders, in budgetary and administrative autonomy.
		Again judicial independence may be diminished from within by taking on extra judicial duties, giving extra judicial opinions or indulging the persona designata fiction; see Part V at p 77.
		Appointment to a judicial office is by an untrammelled executive act, that is, by the government of the day, as it is with an appointment to a federal judicial office, on which see Part II.
	www.jc.nsw.gov.au /fb/fblane.htm (7369 words)

	The Many Faces of Judicial Independence
		Judicial independence is one of those feel-good items like chicken soup and honorary degrees and Mom.
		I think the antithesis of judicial independence is exemplified by a story--and this is a real story--told by Chief Judge Loren Smith of the Court of Federal Claims.
		But the specific moral obligation is probably enough to compromise judicial integrity and judicial independence; if a judge makes a promise like that in order to get confirmed, the only solution is for that judge to recuse himself from the case, because making the promise will have compromised his independence.
	notabug.com /kozinski/judicialindependence (4875 words)

	National Voter: Judicial elections: judicial independence at risk
		Madison (1803) have resulted in a tradition of judicial independence that has permitted the American judiciary to freely exercise its constitutional obligation to resolve difficult issues when required for the good of the republic.
		Preserving judicial independence is not a partisan or philosophical issue.
		The cost of judicial campaigns has doubled in less than a decade, with a 61 percent increase in contributions to state supreme court campaigns between 1998 and 2000.
	www.findarticles.com /p/articles/mi_m0MLB/is_1_52/ai_93811209 (1272 words)

	Judicial Independence
		Fortunately, the judicial recall constitutional amendment was swiftly and decisively rejected in the 1995 session, but defeat of this specific proposal was attributed primarily to the flaws in the recall concept and to the arrogance of the sponsors of the bill.
		The challenge, however, for those who are committed to protecting judicial independence will be to distinguish between those items that are submitted for sound public policy reasons and considered within the context of the legislature’s historic and constitutional mission, and those efforts that are designed to harass judges and to intimidate the courts.
		An issue concerning judicial independence that has begun to gather momentum is one that would limit the unfettered authority of trial judges to revise criminal sentences.
	www.msba.org /sec_comm/committees/lawscomm/legislativeprogram02/judindepend.htm (910 words)

	ABA Division for Public Education: Courts and Legal Procedure: Judicial Independence
		To guarantee rights like freedom of speech and freedom of worship, and make the rule of law a reality, the founders knew that judges had to be servants of law and the Constitution, not the political bosses, not the media, and not special interest groups.
		They are all too familiar with the "telephone justice" of dictatorships, in which a judge adjourns court to wait for the call that tells him or her how to decide the case.
		Judicial independence assures that cases will be decided on their merits.
	www.abanet.org /publiced/courts/judicialindependence.html (360 words)

	Standing Committee on Judicial Independence - American Bar Association
		Welcome to the website of the Standing Committee on Judicial Independence, your home for information and resources designed to protect the independence of the judiciary, improve public understanding of, and confidence in, the judiciary, and promote the importance of an accountable, efficient and effective judicial system.
		Model Code of Judicial Conduct: The Standing Committee on Judicial Independence is working with the ABA Standing Committee on Ethics and Professional Responsibility to revise the ABA Model Code of Judicial Conduct.
		Judicial Independence Panel: At the 2005 ABA Annual Meeting in Chicago, the House of Delegates held a panel entitled, “Is the Independence of the Judiciary at Risk?” This panel discussed the recent attacks on the judiciary, why these attacks have occurred, and what can be done to ameliorate the situation.
	www.abanet.org /judind/home.html (540 words)

	Judicial Independence - 15/04/1997 - ADJ
		Judicial independence is entrenched in the New South Wales Constitution.
		Parliamentarians often perceive judicial review of government action as criticism or an encroachment into their sphere of power and influence, but it is not always that.
		Today the Attorney General defended the independence of the judiciary, which is the traditional role of Attorneys General and one founded in sound reasoning.
	www.parliament.nsw.gov.au /prod/parlment/hansart.nsf/V3Key/LC19970415035 (521 words)

	Colorado State Judicial Branch - Judicial Independence
		The principle of judicial independence is central to a functioning democracy.
		Judicial independence includes two elements: decisional independence and institutional independence.
		Despite the general success of efforts to shield the courts, the American Judicature Society (www.ajs.org/cji/cji_whatisji.asp) lists dangers which may threaten judicial independence.
	www.courts.state.co.us /exec/pubed/judicialindep.htm (190 words)

	Justice At Stake: Why Judicial Independence Matters (Site not responding. Last check: 2007-10-22)
		Judicial independence means that judges are free to decide cases fairly and impartially, relying only on the facts and the law.
		Special interests are spending millions to influence decisions and elect judges to serve their narrow interests, not the public interest.
		The cost of judicial campaigns is skyrocketing, forcing judges to raise money like politicians—and people believe that justice is for sale.
	www.justiceatstake.org /contentViewer.asp?breadCrumb=2 (317 words)

	Peter McCormick on Judicial Independence
		First: judicial independence was an important element of Canadian law and practice, and
		We have taken the tried and true understandings of the judicial independence of the high courts and expanded them such that they apply to all courts.
		-the theory and practice of judicial independence has moved away from traditional grounds (English style, s.96) and even away from a grounding in the Charter, and is now couched in much stronger terms ("protector of the constitution")
	www.yorku.ca /igreene/mccormicknov11.html (1357 words)

	SAGE Publications - Judicial Independence at the Crossroads (Site not responding. Last check: 2007-10-22)
		Judicial Independence at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and sociology.
		Given the explicitly comparative perspective of some of the chapters, the volume will be important reading not only for scholars and policy makers in the US but also for those interested in the topic in any other country that seeks to establish or reaffirm the importance of the rule of law.
		The book’s avowedly interdisciplinary approach enables the reader to identify common myths both in the literatures and the public discussions of judicial independence and to make distinctions that are commonly neglected in those literatures and discussions.
	www.sagepub.com /printerfriendly.aspx?pid=8761&ptype=B (569 words)

	The National Center for State Courts - Home Page (Site not responding. Last check: 2007-10-22)
		An Independent Judiciary: Report of the ABA Commission on Separation of Powers and Judicial Independence (1997).
		Collection of data on the cost of judicial elections in Wisconsin, the identity of judicial campaign donors, the amount donors give, the business interests of major donors, and whether or not major donors have appeared before the Wisconsin Supreme Court.
		Collection of data on the cost of judicial elections in Illinois, the identity of judicial campaign donors, the amount donors give, and the business interests of major donors, and whether or not major donors have appeared before the Illinois Supreme Court.
	www.ncsconline.org /wc/education/JudIndGuide.htm (1201 words)

	Scoop: Judicial Independence Vital
		The statement by the Chief Justice Sian Elias, that judicial independence is under threat and the Prime Minister has no understanding of the importance of judicial independence, needs to be taken very seriously.
		It is the independence and integrity of our judges that are needed to preserve the rule of law and our liberties.
		Let me quote her directly: "I'm alarmed about the implications for judicial independence if judges have such incentives to stay on the right side of government or to keep in with influential members of the (legal) profession who might be expected to provide them with work after retirement."
	www.scoop.co.nz /stories/PA0411/S00018.htm (1944 words)

	Judicial Independence (Site not responding. Last check: 2007-10-22)
		Judicial independence "is basic to the (British) Constitution." (G M Lewis) and is therefore an important part of the structure of British Politics.
		These courts have to remain independent of outside pressure and interference i.e.
		Those in the judiciary are paid out of the Consolidated Fund so that they are free of annual parliamentary criticism, which might be used to mould future judicial decisions.
	www.historylearningsite.co.uk /judicial_independence.htm (166 words)

	O'Connor Urges Judicial Independence (Site not responding. Last check: 2007-10-22)
		"Judicial independence is not for the justices and it's not for the lawyers," Abrahamson said.
		O'Connor has previously said she was saddened by attacks on an independent federal judiciary and on deteriorating relations with Congress.
		She said many politicians don't understand judicial independence and perceive judges as activists.
	www.sfgate.com /cgi-bin/article.cgi?file=/news/archive/2005/09/20/national/w094328D30.DTL (300 words)

	AJS [American Judicature Society] - Judicial Independence Home Page (Site not responding. Last check: 2007-10-22)
		The American Judicature Society created the Center for Judicial Independence in 1997 in response to an increase in unfair criticism and efforts to remove from the bench judges who have issued unpopular rulings.
		Since the Center was established, it has promoted judicial independence by publishing an issue of its journal Judicature on the topic and by educating the public through its programs, activities, and Web site.
		The Center for the Judicial Independence complements AJS’s other centers, the Elmo B. Hunter Citizens Center for Judicial Selection, the Center for Judicial Ethics, and the National Jury Center.
	www.ajs.org /cji (171 words)

	Judicial Independence
		While the Constitution guarantees the right to disagree with a decision of a jury or judge, physical attacks, personal threats, demeaning epithets and false and misleading accusations create an atmosphere of contempt and disrespect which is unacceptable in a constitutional democracy.
		Following is a statement in favor of judicial independence which we are asking bar associations and other legal groups from around the country to join together to sign encouraging everyone in our country to preserve judicial independence.
		Selected speakers representing the legal community will discuss the vital need to support an independent judiciary and why such a unification of the legal community on this matter is necessary at this time.
	www.bhba.org /Judicial.htm (506 words)

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