Judicial Independence and Accountability

The Council of Europe's Consultative Council of European Judges (CCJE) has a adopted in 2001 an opinion on standards concerning the independence of the judiciary and the irremovability of judges. It elaborates on aspects such as the rationale of judicial independence, the level at which judicial independence is guaranteed, the basis of appointment or promotion, the appointing and consultative bodies, the tenure - period of appointment, the tenure - irremovability and discipline, remuneration, freedom from undue external influence, independence within the judiciary, and the judicial role in general.

Independent Judges, Dependent Judiciary: Institutionalizing Judicial Restraint

Judicial independence and judicial accountability are often believed to stand in irreconcilable tension. The authors of this piece argue that neither is an end in itself. Rather, both are means to an end, a well-functioning system of adjudication, and thus either or both may be compromised in pursuit of this overarching objective. Although the argument applies to all judicial systems, the authors lean heavily on the American experience to make their case. In doing so, they provide an in-depth analysis of the institutional features of both the federal court system and the various state systems. In the U.S. a well-functioning adjudication system must reconcile the twin goals of democratic legitimacy and legal legitimacy. This requires much more than restating platitudes about independence and accountability. They conclude that much of the responsibility for achieving a proper balance between these ends lies in the hands of the judges themselves.

The Political Foundations of Independent Judicial Review

A judiciary with the power to constrain the actions of the other branches of government is often regarded as the foundation of the rule of law. But why do the other branches of government obey the courts? Courts generally do not have a strong, independent basis of support, let alone an army or police force to enforce their rulings. The different theories offered to explain why other government actors comply with the courts' decisions are reviewed in the attached paper. A formal model that hypothesizes that judicial independence is found only in those political systems where there is ongoing political competition between risk-adverse parties is proposed and tested. The results suggest that some level of democracy is a precondition to a genuinely independent judiciary.

Judicial Independence: What is it, How Can It Be Measured, Why It Occurs

Judicial independence is widely considered to be a foundation for the rule of law and establishing judicial independence in developing and transition economies has become a major goal of donor-supported legal and judicial reform programs. This topic brief will address three questions related to judicial independence. First, what exactly does "judicial independence" mean and how can it be measured? Second, what is the relationship between judicial independence and economic development? Third, and perhaps most important for policymakers and reformers, under what conditions will those with political power act to preserve, rather than undermine, judicial independence? Stated differently, how can an independent judiciary be achieved? The attached topic brief elaborates on these questions.

Constitutional Review and Government Accountability

Courts hold governments accountable through their power to review the actions of the legislature and the executive. This power is at its zenith when a court can declare a law passed by parliament or an action taken by the executive null because it conflicts with the nation’s constitution or international law. The attached topic briefs further develops these issues.

The Russian Constitutional Court and the Decentralization Process

Since its reinstatement in 1995, the Constitutional Court has played a quiet but increasingly active role in the evolution of Russian federalism. The 1993 Constitution only contained a broad outline of the country’s new federal structures. As a result, the Court has been frequently asked to fill in the legal gaps and clarify the changing relationship between the center and the regions.

Additional Resources on Judicial Accountability

Accountability - Useful Links

Anti-Corruption Action Plan for Bulgaria

Full text of the judicial reform and anti-corruption action plan developed by Coalition 2000, a coalition of Bulgarian NGOs.

Court of Judicial Discipline

General information, procedural rules, and decisions of this court, which has jurisdiction over all judicial officers in the US Commonwealth of Pennsylvania.

Council for Court Excellence

The Council for Court Excellence is a nonprofit, nonpartisan civic organization founded in Washington, D.C. in 1982. The Council works to improve the administration of justice in the local and federal courts and related agencies in the Washington metropolitan area and in the nation.

Full text of Australian Justice JJ Spigelman’s 2001 conference presentation on judicial accountability and performance indicators.

USC Judicial Independence and Accountability Symposium

Full video (RealPlayer) and written transcripts (PDF) from the 1998 University of Southern California symposium on balancing judicial independence and accountability.

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