Significance of judicial independence in a constitutional democracy: An analysis with special reference to Indian practice (Record no. 524740)

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Personal name Sangra, Bindu
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Title Significance of judicial independence in a constitutional democracy: An analysis with special reference to Indian practice
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Kashmir Journal of Legal Studies
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Extent 10(1), Jul, 2023: p.311-330
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Summary, etc The rationale for this two-pronged modern understanding of judicial independence is the recognition that the courts are not charged solely with the adjudication of individual cases. That is, of course, one role. It is also the context for a second, different, and equally important role, namely as protector of the Constitution and the fundamental values embodied in it i.e. rule of law, fundamental justice, equality, preservation of the democratic process, etc. In other words, judicial independence is essential for fair and just dispute resolution in individual cases. It is also the lifeblood of constitutionalism in democratic societies. The judiciary if it is to play the proper constitutional role, must be completely separate in authority and function from the other arms of government. It is implicit in that separation that a judge cannot be required by the executive or legislative branches of government to explain and account for his or her judgment. To entertain the demand that a judge testifies before a civil body, an emanation of the legislature or executive, on how and why he or she made his or her decision would be to strike at the most sacrosanct core of judicial independence. To summarize, judicial independence as a constitutional principle fundamental to the Indian system of government possesses both individual and institutional elements. – Reproduced


http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
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Main entry heading Kashmir Journal of Legal Studies
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Subject DIP JUDICIARY
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Item type Articles
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2024-01-15 10(1), Jul, 2023: p.311-330 AR130552 2024-01-15 Articles

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