An independent judiciary is a system where the judiciary is free from improper influence from the other branches of government or from private or partisan interests. Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. It serves as a foundation for the rule of law and democracy. The judiciarys role in deciding the validity of presidential and parliamentary elections also necessitates independence of the judiciary.

There are two types of judicial independence: institutional independence and decisional independence. Institutional independence means the judicial branch is independent from the executive and legislative branches. Decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without any external pressure or influence.

An independent judiciary is necessary to ensure the rule of law is respected. Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that a case will be decided according to the law and the facts and not a shifting political climate.

The following basic principles have been formulated to assist Member States in their task of securing and promoting the independence of the judiciary:

• The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country.
• Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures.
• The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.

An independent judiciary is maintained in several ways. Federal judges in the United States are protected from the influence of the other branches, as well as shifting popular opinion, through their life term and the fact that their salary cannot be reduced. The Constitution gives judges the power to do their jobs, but it also sets out ways to prevent them from abusing their power. This guarantees that independent courts and judges remain faithful to the rule of law.

In summary, an independent judiciary is a system where the judiciary is free from improper influence from the other branches of government or from private or partisan interests. It serves as a foundation for the rule of law and democracy and is necessary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.