what is an independent judiciary

An independent judiciary is a system where the judiciary is free from improper influence from the other branches of government or from private or partisan interests. Judicial independence is a fundamental concept that serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. It is a foundation for the rule of law and democracy, meaning that all authority and power must come from an ultimate source of law. Under an independent judicial system, the courts and its officers are free from inappropriate intervention in the judiciarys affairs. Judicial independence is necessary to ensure the rule of law is respected, and it means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that a case will be decided according to the law and the facts and not a shifting political climate. There are two types of judicial independence: institutional independence and decisional independence. Institutional independence means the judicial branch is independent from the executive and legislative branches, while decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without any external influence. Judicial independence is guaranteed by the state and enshrined in the constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. Judicial independence ensures that judges are free to conclude that actions taken or decisions made by the government are in breach of the law and that they are in particular in breach of individuals rights, including their fundamental or human rights, and to decide on the appropriate remedy.