Judicial independence means freedom from improper external pressures.

Evidence

Basic to our understanding of a fair trial are the notions of judicial impartiality and neutrality; we believe that rulings should be unaffected by political considerations or the identity of the litigants. Yet not all legal systems share this expectation. In some legal systems, judges are expected to decide politically sensitive cases so as to further the ends of the regime. Even in systems that proclaim their commitment to “equal justice under law,” such as in the United States, officials sometimes attempt to influence judicial decisions, and judges occasionally succumb to political pressures. Moreover, even in the absence of overt efforts to influence decisions, judges are certainly aware of the stakes in politically sensitive cases like Bush v. Gore, which involved the vote count in Florida in the aftermath of the 2000 presidential election. Thus, if judges are to act impartially, they must be freed from improper pressures to act otherwise. This freedom from external pressures is known as judicial independence. — G. Alan Tarr, Judicial Process and Judicial…, 374

Basic to our understanding of a fair trial are the notions of judicial impartiality and neutrality; we believe that rulings should be unaffected by political considerations or the identity of the litigants. Yet not all legal systems share this expectation. In some legal systems, judges are expected to decide politically sensitive cases so as to further the ends of the regime. Even in systems that proclaim their commitment to “equal justice under law,” such as in the United States, officials sometimes attempt to influence judicial decisions, and judges occasionally succumb to political pressures. Moreover, even in the absence of overt efforts to influence decisions, judges are certainly aware of the stakes in politically sensitive cases like Bush v. Gore, which involved the vote count in Florida in the aftermath of the 2000 presidential election. Thus, if judges are to act impartially, they must be freed from improper pressures to act otherwise. This freedom from external pressures is known as judicial independence. — G. Alan Tarr, Judicial Process and Judicial…, 374

Categorization

• DEFINE: Defines judicial independence by its function (protecting impartiality).
• XREF: Connects to course theme of the rule of law versus regime-serving courts found in comparative law reading. — connects to: Selection-system shifts trace the alternating ideals of independence and accountability. — G. Alan Tarr, Judicial Process and Judicial…, 370; Judicial independence advocates favor insulated selection and long tenure — G. Alan Tarr, Judicial Process and Judicial…, 589; Impeachment rarely removes judges, so states added elections and term limits. — G. Alan Tarr, Judicial Process and Judicial…, 376 (+3 more)
• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 374