Overview
Judicial independence is critical to the American Bar Association Rule of Law Initiative’s goal of promoting access to justice and strengthening rule of law around the globe. The independence of the judges and the judiciary, including administrators and staff, is fundamental to ensuring the law is equally applied to all persons and organizations. Genuine independence is also crucial to the systems of checks and balances necessary to hold governments accountable.
It is only when judges and all those involved in the judicial process are free from undue influence—whether from other branches of the government, companies, or individuals—that they can make decisions based solely on the law and evidence. Perceptions of independence are also essential to establish trust in the judicial process. If people do not have faith in the judiciary to resolve conflicts in accordance with the law, they are less likely to use it, leading to extra-legal resolutions that undermine the rule of law. In an era of progressively polarized and sensationalistic media, these types of resolutions are a challenge to legal systems around the globe.