Independence of the judiciary

Arjana Llano ()
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Arjana Llano: Department of Justice, University “Ismail Qemali”, Vlore, Albania

Juridical Tribune - Review of Comparative and International Law, 2013, vol. 3, issue 2, 109-115

Abstract: There are many factors which influence the independence of the judiciary. In a decision making process, judges, at any rate, must be able to act independently of any direct or indirect restriction, improper influence, inducement, pressure, threatening or obstacle. The law should provide explicit punishment measures against anyone who tries to impose any of the above means upon the judges. Any judge should possess the inviolable freedom of judging impartially, by his/her consciousness and interpretation, and pursuant to law. However, this is often impossible for judges are frequently put under various pressures that should be avoided. I have employed theoretical and practical methods for the purposes of this article. In conclusion, the research results have shown a heavy infringement of the independence of the judiciary in our country. There is a quite frequent tendency to influence the judges’ decisions. Common violations of law and judicial independence, to a large extent, remain unnoticed and unpunished. A considerable number of judges think that such tendencies have no significant influence on the management of justice.

Keywords: independence; judiciary; law; justice (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2013
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