The Notion of Judicial Independence: Impartiality and Effectiveness of Judges

Abstract

The independence of the judiciary serves as a shield for the judicial process in a well-working democratic society: it provides for the protection of the judicial system both against external influences and also to the individuals who have recourse to courts in order to settle their disputes. When speaking of judicial independence and the quality of judicial decisions, we are analysing two sides of the same coin: guaranteeing the independence of judges is as important as improving the quality of judicial decisions as the two notions are strongly inter-dependent. Therefore I approach the topic of judicial independence focusing on impartiality and effectiveness.