Which of the following Elements of the Judicial System Contribute to the Legal System Independence

The financing of the courts is closely linked to the issue of the independence of the judiciary, as it determines the conditions under which the courts carry out their functions. Sufficient resources are essential to ensure the independence of the judiciary vis-à-vis public institutions and private parties, so that the judiciary can carry out its tasks independently, with integrity and effectively. Who appoints the judges and how? Appointment procedures may be unduly influenced by political or personal considerations of the appointing authorities. In order to avoid this risk, it is of the utmost importance to ensure transparent, objective and non-discriminatory procedures. This also applies to electoral procedures in systems in which judges are elected. Production The James MacGregor Mining Company owns three mines: Imathrm{I}I, IImathrm{II}II and IIImathrm{III}III. Three grades (Amathrm{A}A, Bmathrm{B}B and Cmathrm{C}C) are mined in these mines. For each grade of ore, the number of tonnes per week available at each mine and the number of tonnes per week required to fulfill orders are shown in the table below. Judicial independence, which has developed only in the Anglo-American legal system, is considered by many countries to be an important prerequisite for the rule of law. However, their existence in any legal system depends on concrete institutional arrangements. In this article, Professor Plank identifies four institutional elements necessary for the establishment and maintenance of an independent judiciary: fixed-term contracts (with limited exceptions), fixed and appropriate remuneration, minimum qualifications, and limited civil immunity. The presence of these elements guarantees the independence of the judiciary in many countries. However, the lack of a permanent term for judges in most U.S.

states raises serious questions about their independence. In some countries, judges are sanctioned on the basis of vaguely worded rules that are sometimes applicable to civil servants in general. These disciplinary systems have been criticised for several reasons, not least because they leave a wide margin of appreciation. The wide discretion of disciplinary authorities in applying vaguely worded rules could undermine the independence of the judiciary as the rules could be misused to sanction judges because of their legal orientation. The following basic principles, formulated to assist Member States in their task of ensuring and promoting the independence of the judiciary, should be taken into account and respected by Governments in their national laws and practices and brought to the attention of judges, lawyers, members of the executive and legislative branches and the public at large. The principles were formulated primarily for professional judges, but may also apply to lay judges, where appropriate. Through the Global Network for Judicial Integrity, part of the Global Doha Declaration Implementation Programme, UNODC brought together judges from around the world to explore the challenges and opportunities that social media platforms offer to judicial practice. The judges shared the following views on the complexity of judicial practice in the age of social media: Initial (and ongoing) education is an important tool to ensure the independence of the judiciary. It is fundamental not only to acquire strong professional skills, but also to introduce judges to the fundamental values and principles of the judicial profession. ___________ 10. A market where investors buy and sell financial assets that have already been bought at least once. In many systems where judges are recruited at a very young age, judicial councils have been introduced to manage their long professional careers.

In other countries, however, particularly those following the common law tradition, there is no similar advice. Recent reform initiatives (see, for example, Sajó, 2004, and the analysis of judicial reforms in Central and Eastern European countries) have shown that the appointment and promotion of judges by an independent body such as judicial councils or nominating commissions is strongly preferred. Judicial conduct and discipline have received particular attention in recent decades. Standards of judicial ethics have been introduced in many judicial systems to strengthen the independence of the judiciary. Compliance with the rules of conduct by the judiciary and disciplinary measures taken against those who break these rules are conditions for ensuring the independence of the judiciary (Lord Justice Thomas, 2007). The conduct of the judiciary also affects public confidence in the courts: since the exercise of judicial power has “dramatic effects on the lives and property” of those involved, citizens “will not want that power to rest with someone whose honesty, abilities or personal standards are questionable” (Lord Justice Thomas, 2008).