Judicial independence & impartiality. A basic condition for courts to effectively and authoritatively apply the law and resolve disputes is that the court be impartial and independent in the dispute before it. Xxxxxx identified this ideal of judicial impartiality and independence as a defining characteristic of the judicial 49 J.M. Xxxx, "Conflicts between Citizens and State in Indonesia: The Development of Administrative Jurisdiction," (Leiden: Xxx Xxxxxxxxxxx Instituut, 1991). 50 see S van Xxxxx Xxxxxxxxxxxx Xxxxx, "The Indonesian Supreme Court: Fifty Years of Judicial Development" (Leiden, 1996).; Xxxxxx Xxxxxx, "Administrative Courts in Indonesia: A Social-Legal Study" (PhD, University of Leiden, 2000). 51 Xxxxxxxx, "Public Interest Environmental Law Firms in the United States," p58. process across different societies.52 Without impartiality or independence the legitimacy of the court as an adjudicating institution is undermined, as one or other of the disputing parties may perceive themselves to be disadvantaged. On a broader societal level, the consistent and objective application of state law by courts is essential to the creation of “real legal certainty”, which Xxxx has described as a “systemic” objective of law.53 How is judicial independence defined? The comparative legal scholar Xxxxxxxx X. Xxxxxx offered the following definition, Judicial independence is (a) the degree to which judges believe they can decide and do decide consistent with their own personal attitudes, values, and conceptions of judicial role (in their interpretation of the law), (b) in opposition to what others, who have or are believed to have political or judicial power, think about or desire in like matters, and (c) particularly when a decision adverse to the beliefs or desires of those with political or judicial power may bring some retribution on the judges personally or on the power of the court. As this definition illustrates, judicial independence implies that judges adjudicate the cases before them without any intimidation, control or influence from the executive branch of government. Freedom from executive influence is also central to transnational standards such as the International Bar Association Code of Minimum Standards of Judicial Independence. Article
