Judicial Independence and Impartiality: From Necessity Assessment to Pragmatic Challenges

Abstract

In order to ensure a just legal system, impartiality and independence of the judiciary are two of the most important principles. Often, these two words are used together when discussing the principles of a fair trial. According to this principle, a judge must be able to process and issue judgments in the performance of his duties and responsibilities without reliance or partiality nor applying internal or external pressures. As a consequence, several factors contribute to the implementation of this important principle, including the observance of rules, such as the prohibition against obtaining evidence, the non-interference of judges in politics, the openness of proceedings, job security, and compliance with rules in the employment of judges. By observing these factors as closely as possible, the hope of observing this principle and realizing justice increases; however, some factors hinder its implementation. There are two categories of challenges and factors that threaten judicial independence: the legal aspects and the pragmatic aspects. When it comes to legal challenges, some approvals transgress judicial independence, and when it comes to pragmatic challenges, there are factors that threaten judicial independence. As part of this article, which discusses the independence of the judicial system, the aforementioned factors are discussed, along with the relevance of this principle to jurisprudence. It is also important to note that, in addition to being impartial, the fairness of the proceedings requires the court to be open, legal, and independent, among other things. Using a descriptive-analytical method and collecting information from a library, the present study has been conducted.