Rule of law International

Briefing Paper 41: International Standards for the Independence of the Judiciary

Published in cooperation with the Center for Constitutional Transitions at NYU Law, this Briefing Paper highlights the essential functions of an independent judiciary in a constitutional democracy. Drawing on a combination of both hard and soft sources of international law, the paper reveals a definition of judicial independence that can be met in various legal and constitutional contexts, while allowing courts to protect human rights, secure the rule of law, and ensure the principles of a constitutional democracy.

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