What are the features that protect judicial independence?

Judicial independence is a fundamental principle in democratic legal systems, ensuring that judges can make decisions free from influence or pressure from the other branches of government. The features that protect judicial independence primarily include the separation of powers doctrine and independence guaranteed in the constitution.

The separation of powers doctrine establishes distinct functions and responsibilities for the legislative, executive, and judicial branches of government. This separation prevents one branch from exerting undue influence over another, particularly the judiciary. When the independence of the judiciary is enshrined in the constitution, it provides a robust legal framework that safeguards judges from external pressures, allowing them to rule impartially based on the law.

In comparison, while checks and balances, legislative oversight, judicial review, executive influence, public accountability, and transparency play important roles in the overall functioning of the government, they do not specifically aim to protect the independence of the judiciary in the same way. For instance, legislative oversight can sometimes lead to undue influence if the legislature seeks to exert power over judicial decisions. Similarly, public accountability and transparency are essential attributes of democratic governance, but they do not directly ensure that judges remain independent and free from external pressures.