Judicial Independence: What It Is, How It Can Be Measured, Why It Occurs
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چکیده
Judicial independence is widely considered to be a foundation for the rule of law (Council of Europe 1998; United Nations 1985), and establishing judicial independence in developing and transition economies has become a major goal of donor-supported legal and judicial reform programs. This topic brief will address three questions related to judicial independence. First, what exactly does "judicial independence" mean and how can it be measured? Second, what is the relationship between judicial independence and economic development? Third, and perhaps most important for policymakers and reformers, under what conditions will those with political power act to preserve, rather than undermine, judicial independence? Stated differently, how can an independent judiciary be achieved?
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