Monday, December 7, 2009

US JUDICIARY INDIPENDANT?

Judiciary is one of the key organs of governance in each country. In the United States it works side by side of legislative and executive powers. But the critical and sensitive roles and duties of the judiciary highlights the significance of some necessities in treating it. In order to conserve fairness of the decisions and unbiased interpretation of constitution, judiciary is best suitable to be independent from the other tow organs or any other force that potentially can lead it to the wrong side. In some countries courts are the instrument of the executive system meaning the specific party ideology and philosophy and most probably the individuals are highly influential in the judiciary system. Thus the courts decisions which ought to be fair and unbiased ultimately get biased by partisan demands. In the United States from the beginning it is tried constitutionally to keep the judiciary as independent as possible.
“Article three of the United States constitution establishes the federal courts as part of the federal government” (wikipedia.com). Federal judges are chosen by the president for life term. They are removed from the post either by death, resignation or impeachment. However, by now only thirteen judges are impeached by the congress. On the other hand it falls to the chance of a president to face vacancies in his term. Some have had no chance like Jimmy Carter and some surprisingly had appointed four judges like President Reagan.
Supreme Court as the highest rank of judiciary is mostly engaged with determining acts and laws to be constitutional. It can easily declare any act in every branch of government, unconstitutional (APS). However, this can be returned by constitutional amendments, something that happens rarely. Another way that congress can interfere or in some sense control judiciary based on constitution is that congress can regulate the “size and administration of federal machinery of justice” (APS, 255). President on the other hand controls judiciary by appointments and his influence on public or congress. The latter is done by motivating the opposition or support for a particular issue. These mild safeguards seem necessary but still do not threaten the judiciary’s independence. One other factor which must be taken care of to keep it independent is the job security. Their salaries should be high enough to prevent bribes; furthermore, it should not be dependant on the executive power in order to ban partisan pressures. On the other hand judges must be trained to ethically stay aside and decide on the truth and based on constitution and previous laws.
As we see judiciary system in the United States is an independent system coordinating with the other branches. There are some moderators designed in constitution in the structure of executive and legislative branches which keep the judiciary still in relation and in line with them. But the overall system is intended to be independent.

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