Judicial Independence and Legal Infrastructure: Essential Partners for Economic Development: Judicial Independence in Rwanda
In: Pacific McGeorge Global Business & Development Law Journal, Jg. 19 (2007), S. 411
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Zugriff:
I. Introduction Judicial independence is a universally recognized principle in democratic societies. It is a prerequisite for a society to operate on the basis of the rule of law. It is essential for the purpose of maintaining public confidence in the judiciary. As once stated by the Chief Justice of Canada: Judicial independence is valued because it serves important societal goals... . One of the goals is the maintenance of public confidence in the impartiality of the judiciary, which is essential to the effectiveness of the court system. Independence contributes to the perception that justice will be done in individual cases. Another societal goal served by judicial independence is the maintenance of the rule of law, one aspect of which is the constitutional principal that the exercise of all public power must find its ultimate source in a legal rule. 1 Various international instruments further stress the importance of judicial independence, including the Universal Declaration of Human Rights 2 and the International Covenant on Civil and Political Rights. 3 In particular, the United Nations Basic Principles on the Independence of the Judiciary states: "independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary." 4 What is involved in the concept of judicial independence? One approach to the independence of the judiciary is to divide it in two parts: ...
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Judicial Independence and Legal Infrastructure: Essential Partners for Economic Development: Judicial Independence in Rwanda
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Autor/in / Beteiligte Person: | Rugege, Sam |
Zeitschrift: | Pacific McGeorge Global Business & Development Law Journal, Jg. 19 (2007), S. 411 |
Veröffentlichung: | 2007 |
Medientyp: | academicJournal |
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