Judicial independence Clause Samples

Judicial independence. Notwithstanding the Judge’s status as a Town employee for purposes of determining benefits, the authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. Nevertheless, the Parties agree that the Judge shall comply with all applicable State and Federal laws, and that the Town’s personnel policies and administrative directives shall apply to the Marana Municipal Court and its employees.

Judicial independence. As noted in chapter 1, access to the courts only becomes access to ‘justice’, where judicial adjudication is both independent (of executive influence) and impartial. In Indonesia the perceived lack of judicial impartiality and independence is another significant disincentive for environmental litigants. Probably the most significant problem is that of judicial corruption, the frequent reports of which have contributed toward widely held attitudes of scepticism and suspicion towards judicial institutions. A recent opinion survey by Berlin-based Transparency International found that most Indonesians saw corruption in the courts, rather than in political parties or the police, as the problem needing the most immediate attention in Indonesia.10 Other problems deterring the environmental litigant include lengthy delays in the 8 Nuryanto, "Kendala ▇▇▇ Peluang Pendayagunaan Hukum Perdata ▇▇▇ Hukum Acara Perdata Indonesia Dalam Kasus Lingkungan: Refleksi Atas Penangan Kasus Lingkungan", p9. Ths issue of evidence is discussed further below. 9 Freedom of information legislation is currently being considered by a special committee of the national legislature. Ati Nurbaiti, "Freedom of Information Act Should Set Precedent," JŒkŒVtŒ POFt, 18 March 2003. 10 The survey was based on around 1000 persons, and departed from the most common result found in other countries where respondents selected political parties as the institution most needing reform. ▇▇▇▇ ▇. ▇▇▇▇▇▇, "Corrupt Courts Seen as ▇▇’s Greatest Problem," JŒkŒVtŒ POFt, 10 July 2003. administration of justice, particularly in the case of appeals to higher courts. In the Supreme Court alone there is currently a backlog of over 16,000 cases.11