ABSTRACT

A key feature of jurisdictions that practice the rule of law is an independent judiciary. This principle means that judges must be in a position, and also perceived by the public to be in a position, to make judgements about the cases before them as impartially as possible. Any attempts to influence a judge's decision outside of the rules of the courtroom are violations of judicial independence, whether from elected politicians, public servants, or private interests. Illicit attempts to influence judges might be direct, such as bribes, threats, or a telephone call from a government official. Indirect breaches of judicial independence might take the form of manipulations of the salaries or working conditions of judges who fail to tow a particular line, or they might involve exploitation of the administrative arrangements or structures of courts with the intention of swaying judicial decisions. Imprudent practices by interest groups, politicians, or the media might also threaten judicial independence.