6 Questions
What does the principle of judicial independence ensure?
Protection of human rights from violation or abuse
According to the principle of judicial independence, what must the judiciary be free from?
Intervention of legislative and executive branches
Why is the independence of the judiciary crucial for human rights?
It guarantees the protection of human rights from violations
What does the phrase 'the judiciary is independent, subject only to the law' imply?
The judiciary is free from legislative and executive influence, adhering only to the law
How does the executive branch's power compare to the judicial branch?
The executive branch usually has more power and resources
What invalidates the inclusion of human rights in constitutions without an independent judiciary?
Absence of enforcement of those rights
Study Notes
Principle of Judicial Independence
- The principle of judicial independence ensures that the judiciary is free from interference from other branches of government (executive and legislative).
- This means the judiciary is not subject to the influence of the legislative branch, despite being elected by the people, nor is it subject to the dominance of the executive branch, which often possesses greater power and resources compared to the legislative and judicial branches.
- The independence and impartiality of the judiciary are essential guarantees for protecting human rights from violation, aggression, or arbitrariness.
- Without an independent judiciary, there is no value in enshrining human rights and freedoms in constitutions and laws, as they would not be effectively protected.
- The Iraqi Constitution of 2005 explicitly states this principle, affirming that "the judiciary is independent, and no authority is above the law".
Learn about the principle of judicial independence, which ensures the judiciary is free from interference by other branches of government. Understand how it protects human rights.
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