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Judicial Independence

In modern democracies, judicial independence, along with the separation of powers, is a fundamental constitutional principle. For some decades, there have been new political and institutional developments based on the principle of judicial independence. For instance, it is one of the conditions for the protection of human rights in the United Nations Commission of Human Rights.

Traditionally, scholars have distinguished two forms of independence: (1) the first form is external and objective and concerns judges' connections with politics; and (2) the second form is internal and subjective and concerns the relationship between a judge and the judicial hierarchy. The two forms vary according to judicial traditions. As they evolve, their differences are blurred but not erased.

Common Law Tradition

In common law countries, judicial independence does not apply ...

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