Guarentees and Limits of the Independence and Impartiality of the Judge

Darby, Joseph J.

Journal: San Diego Law Review

Volume: 41

First Page: 997

Year: 2004

Bluebook Citation: 41 SAN DIEGO L. REV. 997 (2004)

Author: Joseph J. Darby: all 7 publications


Abstract

This Article looks at the role of judicial independence in the United States. The author examines the history of judicial independence in England and the Colonies, under the Articles of Confederation, and forward through history. The author concludes that judicial independence forms an integral part of the political doctrine of separation of powers. In addition, the author argues that judicial independence in any country must begin with a genuine commitment to democracy and the rule of law.

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