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Judicial independence and accountability
Judicial independence and judicial accountability describe two competing visions of the relationship of judges to the rest of society.
Judicial independence
Judicial independence is a term that has two distinct meanings as it applies to matters of the judiciary. In one context, it refers to the idea of separation of powers, called institutional independence, where the judiciary is kept separate from other branches of government. The main reason for establishing judicial independence is to avoid improper influence on the court from the other branches of government.
The other commonly used context is called decisional independence, and it refers to an ideal whereby judicial decision-making is able to exist free of undue influence from outside agents who are acting from partisan or special-interest motivations, rather than being motivated by the demands and ideals of justice.[1]
Judicial accountability
The phrase judicial accountability describes the view that judges should be held accountable in some way for their work. This could be public accountability—getting approval from voters in elections—or accountability to another political body like a governor or legislature.[2]
Conflict between the two ideals
As described on the blog Ratio Juris, "judicial independence and judicial accountability seem to pull in opposite directions." If a judge is completely independent, there is a lack of accountability. On the other hand, a judge who is completely accountable may feel pressured to rule in ways that please those to whom the judge is accountable.[3] Some argue that judicial elections are a good tool for keeping judges accountable. Others argue that forcing judges to campaign puts undue pressure on them to bend to the will of voters and campaign contributors. Many opinions have emerged on the way to strike the correct balance between independence and accountability.[2]
Read more about the debate over judicial selection on the following pages:
- Gubernatorial appointment of judges
- Legislative election of judges
- Partisan election of judges
- Nonpartisan election of judges
- Retention election
See also
Footnotes
- ↑ U.S. Legal, "Judicial independence definition," accessed August 30, 2013
- ↑ 2.0 2.1 Library of Law and Liberty, "Balancing Independence and Accountability of State Court Judges," July 7, 2013
- ↑ Ratio Juris, "Judicial Independence v. Judicial Accountability: Prolegomenon to Defining Constitutionalism in the Fourth Century of the American Experiment," February 9, 2007
