ABSTRACT

The roots of the independence of the judiciary go back to the Constitution of 1876. Article 81 stated that judges cannot be dismissed. Other articles in the section entitled ‘The Courts’ also adopted such guarantees as the public nature of the court proceedings (Art. 82), the right to use all legitimate means in self-defence (Art. 83), the prohibition of denial of justice (Art. 84), the principle of the legal judge (Art. 85), the prohibition of all outside interference in court proceedings (Art. 86), and the prohibition of establishing extraordinary courts or commissions with judicial powers (Art. 89).