A normativist view of the independence of the judge
Type de matériel :
TexteLangue : français Détails de publication : 2022.
Sujet(s) : Ressources en ligne : Abrégé : The article endeavours to define the independence of the judge based on a dual constraint of coherence and parsimony in the description of a normative structure. Independence in this sense can be described as a prohibition on giving judges individual instructions on the exercising of their role, which then implies a prohibition on sanctioning them, directly or indirectly, for their decisions. This definition, less ambitious than those currently given by legal opinion and case law, nevertheless allows an understanding of how the independence of the judge is a guarantee of good justice and one of the conditions of the rule of law.
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The article endeavours to define the independence of the judge based on a dual constraint of coherence and parsimony in the description of a normative structure. Independence in this sense can be described as a prohibition on giving judges individual instructions on the exercising of their role, which then implies a prohibition on sanctioning them, directly or indirectly, for their decisions. This definition, less ambitious than those currently given by legal opinion and case law, nevertheless allows an understanding of how the independence of the judge is a guarantee of good justice and one of the conditions of the rule of law.
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