Question

Kavanaugh emphasizes the importance of judicial independence when refusing to answer one senator’s question about presidential power. What key aspect of American government does judicial independence promote?

Answer 1

Answer:

Judicial independence

Independence of the judiciary from the other powers of the State

Judicial independence is the concept that the judiciary must be immune from interference by political or extra-political powers. That is, neutrality and judicial independence requires that for its mission of concretion and deprivation of rights, the Judge, in the exercise of his functions, be free from interference, influences or pernicious interventions that come not only from political powers (Executive and Legislative), but also extra-political: powerful private interests, the electorate, the nation, partisans or any other pressure group. Judicial independence is vital and important for the separation of powers.

Different countries address the idea of judicial independence through different means of judicial selection or the election of judges. One way to promote judicial independence is to grant judges life tenure or prolonged tenure, which ideally frees them to decide cases and issue resolutions in accordance with the rule of law and judicial discretion, even if those decisions are very unpopular. or opposed by powerful interests. This concept dates back to 18th century England.

In some countries, the ability of the judiciary to control the legislature is reinforced by the power of judicial review. This power can be used, for example, by imposing certain measures when the judiciary perceives that another state power refuses to fulfill a constitutional duty or declares laws passed by the legislature unconstitutional.