Independence of the judiciary

Author:Arjana Llano
Position:Department of Justice, University 'Ismail Qemali', Vlore, Albania
Pages:109-115
SUMMARY

There are many factors which influence the independence of the judiciary. In a decision making process, judges, at any rate, must be able to act independently of any direct or indirect restriction, improper influence, inducement, pressure, threatening or obstacle. The law should provide explicit punishment measures against anyone who tries to impose any of the above means upon the judges. Any... (see full summary)

 
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Independence of the judiciary
Lecturer Arjana LLANO
1
Abstract
There are many factors which influence the independence of the judiciary. In a
decision making pro cess, judges, at any rate, must be able to act independently of a ny
direct or indir ect restriction, improper influence, inducement, pressure, thr eatening or
obstacle. The law should pr ovide explicit punishment measures ag ainst anyone who tries to
impose any of the above means upon the judges. Any judge should possess the inviolable
freedom of judging impar tially, by his/her consciousness and interpretation, and pursua nt
to law. However, this is often impossible for judges are frequently put under var ious
pressures that should be avoided. I have employed theor etical a nd pra ctical methods for
the purposes of this article . In conclusion, the resea rch results have shown a heavy
infringement of the independence of the judiciary in our country. There is a quite frequent
tendency to influence the judges’ decisions. Common violations of law and judicial
independence, to a large extent, r emain unnoticed and unpunished. A considerable number
of judges think that such tendencies have no significant influence on the mana gement of
justice.
Keywords: independence, judiciar y, law, justice.
JEL Classification: K40
1. Preliminary
The most diffused model of democracy is based on the separation of the
powers, which in normal circumstances implies the three branches of power
including executive, legislative and judicial power. It is impossible to speak of
separation of power in every aspect, because there are a considerable number of
issues that require interconnection and interrelation between the three powers.
Therefore, a democratic governing system should guarantee that different powers
have equal responsibility and force so as the balance between the powers may be
achieved.
The judicial independence is considered as the basis for the ruling of the
legal state. Many international documents and agreements, such as the Basic
Justice Principles of the United Nations and the European Charter on the Status of
Judges, emphasize the importance of judicial independence and try to explain the
key elements of independent justice. Although there is not a clear definition of the
term “judicial independence”, it may be generally stated that the extent of justice
independence is determined by two factors2:
- The first relates to the way judges are kept in safe from the improper
influence of third parties (individuals or institutions),
1 Arjana Llano - Department of Justice, University “Ismail Qemali”, Vlore, Albania, ariana-
llano@live.com
2 Russel/O’Brien (editors), Judicial Independence in the years of democracy, 2001

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