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Tom Bingham and the Transformation of the LawA Liber Amicorum$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2009

Print ISBN-13: 9780199566181

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199566181.001.0001

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Judicial Independence: A Functional Perspective

Judicial Independence: A Functional Perspective

Chapter:
(p.269) 5 Judicial Independence: A Functional Perspective
Source:
Tom Bingham and the Transformation of the Law
Author(s):

Beverley McLachlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199566181.003.0019

This chapter writes about judicial independence and the distinction between the roles of the legislature and the courts. It discusses how the judiciary plays a unique and vital role in democratic governance and how its functions interact with the functions of the legislative and executive branches of government, to ensure legitimate constitutional governance and just legal outcomes in accordance with the rule of law. Further, the chapter argues that in order to discharge its proper constitutional function, the judiciary must function independently of the legislative and executive branches of the governance in discharging its responsibility of interpreting and applying the law. Finally, the chapter discusses what the necessary conditions of independent judicial functioning are.

Keywords:   judicial independence, separation of powers, democratic governance, rule of law, applying the law, interpreting the law

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