Political and Public International Law
VI. Judicial Department
Concepts of Judicial Independence
| DECISIONAL INDEPENDENCE OR INDIVIDUAL JUDICIAL INDEPENDENCE | INSTITUTIONAL (JUDICIAL) INDEPENDENCE |
| Refers to a judge's ability to render decisions free from political or popular influence based solely on the individual facts and applicable law | Describes the separation of the judicial branch from the executive and legislative branches of government |
| Focuses on each particular judge and seeks to insure his or her ability to decide cases with autonomy within the constraints of the law | Focuses on the independence of the judiciary as a branch of government and protects judges as a class |
| A judge has this kind of independence when he can do his job without having to hear — or at least without having to take it seriously if he does hear — criticisms of his personal morality and fitness for judicial office | Refers to the collective independence of the judiciary as a body |
A truly independent judiciary is possible only when both concepts of independence are preserved — wherein public confidence in the competence and integrity of the judiciary is maintained, and the public accepts the legitimacy of judicial authority. (Re: COA Opinion on Computation of Appraised Value of Properties Purchased by SC Justices, A.M. No. 11-7-10-SC, July 31, 2012; In the Matter of the Allegations Contained in the Columns of Mr. Amado P. Macasaet, A.M. No. 07-09-13-SC, Aug. 8, 2008)
Authorities
- In the Matter of the Allegations Contained in the Columns of Mr. Amado P. Macasaet, G.R. No. A.M. No. 07-09-13-SC
- Re: COA Opinion on Computation of Appraised Value of Properties Purchased by SC Justices, G.R. No. A.M. No. 11-7-10-SC