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Separation of powers has again become a current issue of some controversy concerning debates about judicial independence and political efforts to increase the accountability of judges for the quality of their work, avoiding conflicts of interest, and charges that some judges allegedly disregard procedural rules, statutes, and higher court ...
"Accountability" derives from the late Latin accomptare (to account), a prefixed form of computare (to calculate), which in turn is derived from putare (to reckon). [6] While the word itself does not appear in English until its use in 13th century Norman England, [7] the concept of account-giving has ancient roots in record-keeping activities related to governance and money-lending systems ...
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
This problem can be fixed. There are many methods for designing state judicial conduct commissions to promote both judicial accountability and independence. But it is ultimately up to policymakers ...
Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. [1] It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law. [ 2 ]
On November 19, 2008, O'Connor published an introductory essay on a themed judicial accountability issue in the Denver University Law Review. She called for a better public understanding of judicial accountability. [109] On November 7, 2007, at a conference on her landmark opinion in Strickland v.
Consensus rule is more administratively efficient in the long run because it avoids lengthy post-enactment litigation. The legislature or administrative body using the participatory justice model also gains legitimacy, since it implies accountability. Participatory justice models have long been used by environmental justice movements.
During apartheid, because of limited accountability safeguards and very limited judicial recourse to challenge executive and legislative action, administrative law was dominated by judicial review of administrative action (including subordinate legislation) according to common-law principles; indeed, this was "virtually the only tool for ...