Monday, March 9, 2020

The Importance of an Independant Judiciary essays

The Importance of an Independant Judiciary essays The judiciary is the government branch that is concerned with the administration of justice. The judiciary is absolutely separate from the executive and the legislature, so it can check the concentration of government power. The independence of the judiciary is crucial in a democratic community because when judges are presiding over cases, there must be no interference and intimidation from any external forces. The independence issues touches upon the battle of authority and freedom. If the separation of powers did not exist, it would be impossible to try to prevent the authority from interfering in the administration of justice. With separation and independence, the basic freedoms of all citizens is at best guaranteed. It is up to the judiciary to carry out in accordance with the law. If the system did not have independence of the judiciary than the principles of rules and the law would be in jeopardy and other institutions of government would interfere in the administration of justice. One of the most important freedoms in the American judicial system is the right to a jury trial. This allows a minimum of six Americans, chosen from a list of registered voters, to determine a person's guilt or innocence through deliberations. They have the power to express the how society feels on the issue, as well as interpret and judge the laws themselves. If they feel that a law is unconstitutional, evil, or even unfair they can void it by declaring the defendant not-guilty. The power of the jury is huge and through time has become more just by decreasing the limitations to become a juror including race and sex. Part of the reasoning behind the right to a jury trial is to limit government power. Although judges should be fair and just, total power is too strong, and could be used to aid some people while harming others. As someone once said, "Power corrupts sometimes, but absolute power corrupts absolutely." Many people thought anarchy woul...