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University Degree: English Legal System
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- Marked by Teachers essays 2
An independent judiciary is regarded as if it were the font of justice, the rule of law and individual rights Such worship of judicial independence is not sustainable While there is no doubt that a measure of judicial independence is a good thing, such independence must be kept in balance with judicial accountability. F. Cross Thoughts on Goldilocks and Judicial Independence (2003) 64 Ohio State Law Journal 195. Critically discuss this statement.
However, many believe such thoughts of independent judiciary is not enduring. whilst a measure of judicial independence is undoubtedly fair, judicial accountability is also suggested to be kept balance with the independence of judiciary. The concept of judicial independence is dealt differently in different nations through various methods of judicial selection [lawteacher.net. 2018]. And giving life tenure or long tenure to judges is an ideal mean of promoting judicial independence, because it gives them the freedom to make decision in court and make rulings associate with the rule of law and judicial discretion, which sometimes can be politically unpopular or even against a strong interest [lawteacher.net.
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