Judicial independence means that judges are free to decide cases fairly and impartially, relying only on the facts and the law. It means that judges are protected from political pressure, legislative pressure, special interest pressure, media pressure, public pressure, financial pressure, or even personal pressure.
What “an independent judiciary” means
- Judges must be fair and impartial to all who come before them;
- Judges must be free from partisan political influence;
- Judges must rule on the basis of what is just, not just what is popular; and
- Judges must be able to protect ordinary citizens from politicians, government, large corporations, and from each other.
Defending Our Freedoms
For as long as our great nation has existed, the separation of powers among three branches of government – executive, legislative and judicial -- has worked to protect and defend our freedoms.
The three branches also have the power to “check and balance” each other so that each clearly has its own responsibilities – the legislative branch makes the laws; the executive branch enforces and carries out the laws; and the judicial branch interprets the laws.
For example, Congress may pass laws but the President can veto them; the president can veto laws but Congress can override the veto with a 2/3 vote; and the President and Congress may agree on a law but the Supreme Court can declare a law unconstitutional.