The Independence of the Judiciary: Meaning and Threats

What an ‘independent’ judiciary means in a democratic society is complex question, bringing such elements as the governing of high courts, recruitment judges, and their susceptibility to disciplinary action. Those subjects are not isolated items but components wider system, with its functioning ruled by political principles. Therefore, it essential identify ideological conceptions beneath diverse theses offered. The paper examines recent events Poland Spain that offer valuable data illustrate problem. In synthesis, two broad theoretical tendencies emerge: on one side, judges ought be controlled politicians, at least certain extent, aims safeguarding foundations Constitutional legal frame; other emphasis judicial self-government preserving courts from corruption associated pressure exerted political, economic, or social lobbies. presents proposed solution controversy, involving characterisation minimum standards for free order, detecting risks inherent both politicisation corporatism. model constructed methodology entails comparison among systems different sorts light international documents, them reports Council Europe. A particularly significant contrast visible distance between Continental Common Law traditions, illuminated via consideration also United States.