Introduction
Judicial independence is the suggestion that the judiciary should be free from the interruption of other arms of the government. In most cases, the decisions of the court are interfered with by influential individuals’ groups and the executive arm of the government. In essence, the work of the judiciary is to ensure the dispensation of justice and fairness ( Shetreet, 2014 ). This fairness involves cases of various nature which have various parties vesting interest in them. The impartiality of the judiciary helps in ‘ensuring that there is the safeguarding of the constitution and the individual rights of the citizens of a particular country.
Thesis
Acquiring legal education and ensuring legal practice experience is enough in ensuring there is judicial independence.
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Theory of judicial independence
In essence, the independence of the court is a very crucial subject when it comes to the separation of powers. The entire idea is to make sure that the different arms of the government work together but without interference from the other ( Shetreet, 2014 ). These arms include the executive, legislature, and the judiciary itself. In most cases, the legislature and executive are found to have powers that could impact the direction of a state, whether rightly or for the wrong intentions. Therefore, it is the work of the judiciary to ensure that there are checks and balances to avoid one arm overstepping.
In most states, the judiciary has found itself under threat from the government itself and influential people in the government. In such cases, the judges are threatened with death or the withdrawal of their privileges, such as security, to make decisions that favor particular parties.
There have been cases of corruption where judges are bribed to decide in favor of the government of individuals.
The primary role of the judiciary, according to this theory, is to safeguard the rule of law and democracy. In particular, the rule of law involves ensuring that the law of the land is supreme and that all processes subscribe to the law ( Shetreet, 2014 ). Mainly, this rule of law consists in making sure that everyone, including the government, submits to the constitution. In most instances, the legislature tries to curtail this requirement by twisting the law-making process to make laws or pass bills that favor personal interests. In most cases, the ruling parties in various countries have been involved in trying to create loopholes for their government to initiate projects that are likely to infringe on the rights of citizens.
Primarily, the most frequent endeavor by most governments has been the gagging of the media. Other instances in the past include the efforts of the government to abuse its powers of surveillance. In such a case, people have the right to privacy, and hence the federal government should have limits to how much they should know about an individual. This case was seen in the case of a court case that involved the robbery of phones and the government security agencies tapped into conversations of the relatives of the suspects ( Macnish, 2018) . This kind of action shows an infringement.
In such a case, the judiciary must take a neutral ground to defend the rights of the accused even when the security agencies could be trying to manage crime. Additionally, the independence of the courts ensures democracy, which gives power to the people ( Shetreet, 2014 ). Therefore, the courts are perceived as the equalizer between the dominant groups and the weaker groups, ensuring that the rule of law is followed.
The building of the independence of the courts.
Virtually, the independence of the courts could be ensured by ensuring that legal education becomes a criterion of selection. Arguably, one of the measures taken to ensure freedom is the selection of judges through consideration of educational qualification ( Shetreet, 2014 ). The need for this requirement is because the judges must have knowledge of the laws of the land. Proper legal education helps to avoid cases of incompetence.
There is a need for legal professionals to study the law and be able to identify the various loopholes that exist in law. Most laws have been found to have blind spots that may have been created intentionally to benefit specific groups. The acquisition of legal education ensures that the judges are capable of interpreting the law. In most instances, the other arms of the government rely on the judiciary for the interpretation of the law ( Shetreet, 2014). This fact is despite the divisions like the legislature having the mandate to make laws.
Additionally, legal ‘education is essential for the judges to be able to define the limits of a particular set of laws and where another one begins. There are instances when two laws collide, creating a situational crisis. For example, the government may seek to acquire private information about individuals believed to be part of a terrorist group ( Macnish, 2018 ). The intention, in this case, is informed by the priority of ensuring public safety.
However, it is against the law to breach privacy. Legal education could be useful in navigating such a crisis by setting boundaries. Mostly, attorneys undergo rigorous training in law. Hence, there is a necessity to ensure that judges are equally competitive to avoid instances where manipulation of specific statutes and loopholes occurs ( Shetreet, 2014 ). The decisions of the court must be informed and current, which needs competency. Additionally, legal education ensures that professionals in the judiciary learn the principles in legal service as well as legal ethics.
On the other hand, experience in legal practice is a crucial building block in making sure that the courts are independent. The process of selection and appointment of judges depends significantly on the consideration of the experience and years of legal service. The reason is that there is a need for judges to be aware of the various challenges that they are likely to encounter in the process of delivery of justice ( Shetreet, 2014 ). An extended period of practice gives one knowledge of grey areas in the law that are subject to manipulation.
Significantly, despite learning about the code of ethics in law, a professional needs to further the knowledge of these principles by practicing them. Being able to follow these principles prepares one to hold a higher office that requires dedication and commitment to protecting the constitution. One of the disadvantages of the independence of the judiciary is corruption in a bid to buy justice ( Shetreet, 2014 ). However, through experience, one can understand the consequences of impunity in the courts. With experience in legal practice comes, courts set the knowledge of precedence in the past and whether they were necessary or times have bypassed such decisions. This knowledge is crucial in ensuring that there is fairness, and the decisions of the court are current.
Conclusion
The independence of the courts is a critical topic of discussion. The judiciary has the responsibility to safeguard the rule of law and democracy. This protection can be ensured through justice and fairness without interruption from external forces. Notably, legal education and experience are significant components.
References
Macnish, K. (2018). Government Surveillance and Why Defining Privacy Matters in a Post‐Snowden World. Journal of Applied Philosophy , 35 (2), 417-432.
Shetreet, S. (Ed.). (2014). the culture of judicial independence: rule of law and world peace . Martinus Nijhoff Publishers.
