What is meant by judicial independence?

Get ready for your SACE Stage 2 Legal Studies Exam. Enhance your understanding with engaging multiple choice questions and explanations. Stay confident and prepared!

Judicial independence refers to the principle that the judiciary operates free from influence or control by the other branches of government, namely the legislative and executive branches. This independence is crucial for maintaining a fair and impartial legal system, as it allows judges to make decisions based solely on the law and facts presented in each case, without fear of reprisal or pressure from external sources.

The judiciary's autonomy ensures that individual rights are protected, and that the rule of law is upheld, as judges can interpret and apply the law without interference. A judicial system that is independent also bolsters public confidence in the legal system, as it demonstrates a commitment to justice and fairness, unbiased by political considerations or public opinion.

In contrast, the other options suggest mechanisms that would compromise judicial independence. For example, requiring judges to be appointed by the legislative branch introduces a potential for political influence over judicial decisions. The idea that public opinion should influence the judiciary contrasts with the principle of impartial justice, as it could lead to decisions being swayed by prevailing public sentiments instead of legal principles. Lastly, the notion of court decisions needing approval by the government directly undermines the role of an independent judiciary, as it aligns judicial outcomes with governmental interests rather than ensuring justice is administered independently.

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