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Judicial independence is when a separation of the powers exists between the judicial branch of government and legislative and executive branches of government. The executive and legislative branches are unable to control or influence judges' decisions in any way and cannot have an impact upon their decisions or threaten to sack them if they make the 'wrong' decision. This should not be confused with judicial neutrality, which is when no member of government or the public is able to put pressure on judges to come to a decision which they would not normally reach, or otherwise upset the judge so that he/she cannot make up their minds with complete impartiality.

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15y ago
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6y ago

An independent judiciary is one whose functions are not regulated directly by another branch of government, i.e. it cannot be directly controlled or overruled by some other governmental power. In the system of checks and balances, the judiciary branch (courts) act as a check on the powers of the legislative and executive branches, although judges may be appointed by the executive and/or confirmed by the legislature.

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Q: What is an independent judiciary?
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