Judicial Independence: A Functional Perspective

Beverley McLachlin

in Tom Bingham and the Transformation of the Law

Published in print April 2009 | ISBN: 9780199566181
Published online September 2009 | e-ISBN: 9780191705458 | DOI:
 Judicial Independence: A Functional Perspective

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This chapter writes about judicial independence and the distinction between the roles of the legislature and the courts. It discusses how the judiciary plays a unique and vital role in democratic governance and how its functions interact with the functions of the legislative and executive branches of government, to ensure legitimate constitutional governance and just legal outcomes in accordance with the rule of law. Further, the chapter argues that in order to discharge its proper constitutional function, the judiciary must function independently of the legislative and executive branches of the governance in discharging its responsibility of interpreting and applying the law. Finally, the chapter discusses what the necessary conditions of independent judicial functioning are.

Keywords: judicial independence; separation of powers; democratic governance; rule of law; applying the law; interpreting the law

Chapter.  6565 words. 

Subjects: History of Law

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