Essay on an Independent Judiciary in a Democracy

An essay is a piece of writing that revolves around a particular theme and contains the academic opinions of the person writing it.

A basic essay mainly consists of three parts: Introduction, Body, and Conclusion.

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Independent Judiciary in a Democracy

An Independent Judiciary in a Democracy

The three organs of democracy are the legislature, the executive and hence the judiciary. The primary formulates the policy and enacts it as law, the second implements the policy and hence the third applies the law in accordance with the rules of procedural justice and settles disputes. To guarantee freedom, the hallmark of democracy, these three powers must be separated and balanced as much as possible.

For a successful democracy, the existence of an independent judiciary may be essential. Without an independent judiciary, the system can be virtually dictatorial. The judiciary is the guardian of the Constitution which is rooted in the rule of law.

The role of the judiciary began to be increasingly emphasized only as democratic principles began to spread in the nineteenth century and democratic governments began to emerge in the twentieth century. Today there is widespread support and encouragement for the strong position taken by the Court. Because during a democracy the constitution is more firmly adhered to due to its supreme nature within the political framework.

The Judiciary observes that the Constitution is not alienable and disrespectful. Also, a constitutional deadlock renders the government helpless, with the judiciary being the only institution left to resolve the crisis due to the authority of the constitution. Finally, because democracy leaves ample room for different opinions and beliefs, sometimes two nearly equally strong opinions, contradiction and conflict with each other, there is little chance for compromise. At this point, the judiciary is considered and respected as independent and impartial, judicial judgments are generally accepted by all and so crises are resolved.

However, the role of the judiciary is generally limited due to the balance of power leaning towards legislation in a predominantly democratic system. The legislature and therefore the executive combined to demoralize the judiciary on the one hand and commit it on the other.

A free judiciary can only exist during a government where democratic principles are truly believed and everyone works equally. In return, the judiciary in a democracy must have the courage to preserve its independence and give impartial judgments regardless of the impact on careers and prospects.

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