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Judicial Independence

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PPGPortal > Home > Concept Dictionary > I, J > Judicial Independence

Judicial Independence 

A principle which entails certain conditions to guarantee that judges will be free from the influence of the executive and legislative branches in their decision-making.

(Malcolmson, Patrick and Richard Myers. 2005. The Canadian Regime: An Introduction to Parliamentary Government in Canada, 3rd ed. Peterborough, ON: Broadview Press.) 


The first condition is that judges must have security of tenure. Secondly, the salaries of judges must be fixed by law. Finally, judges must have control over those aspects of the administration of their courts which have an impact on judicial decision-making. 


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