Lex Pundit
Public Law

Judicial independence

Judges who cannot be fired, docked, or leaned on for their decisions — the precondition for everything courts do.

The idea

Independence means a judge decides according to law and conscience, free from pressure by governments, parties or public mood. The tradition secures it structurally: appointment during good behaviour, salaries that cannot be reduced, removal only for proved misconduct through a protective process, and administrative control of courts kept at arm's length from ministries.

The guarantee is for litigants, not judges — especially the litigant suing the government in the government's own courts. Its corollary is accountability by different means: open hearings, published reasons, and correction on appeal rather than by dismissal.

An example

A government displeased by a ruling cannot cut the judge's pay or abolish her position. It can appeal, or change the law prospectively — pressure must flow through lawful channels that do not touch the judge.

In Canada

Judicial independence is constitutionally protected — through ss. 96–100 of the Constitution Act, 1867, s. 11(d) of the Charter, and unwritten principle — with independent commissions recommending judicial salaries precisely so governments never negotiate with judges directly.