A REPORT ON THE INDEPENDENCE OF THE JUDICIARY Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1993 Southern California Law Review
University of Southern California

A REPORT ON THE INDEPENDENCE OF THE JUDICIARY

July, 1993

Southern California Law Review

66 S. Cal. L. Rev. 2209

Author

J. Clark Kelso *

Excerpt



I. INTRODUCTION
 


An independent judiciary is as important today as it was two hundred years ago at the inception of our nation. "The complete independence of the courts of justice is peculiarly essential in a limited Constitution" 1 is an assertion that probably still commands general assent, certainly among judges and lawyers. But what does the statement really mean? The judiciary cannot be a self-sustaining entity; it depends critically upon the support of the other branches of government and upon the trust of the people for its sustenance. Thus judicial independence cannot mean judicial isolation. So in what way and for what purposes should the judiciary be independent?

The necessary scope of the judiciary's independence can be determined by considering its core functions. Understanding the judiciary's essential role in government and society fosters an understanding of the precise ways in which the judiciary must remain independent.

The judicial branch of the State of California performs certain critical sovereign functions. It has exclusive responsibility for hearing and resolving criminal trials, a key component of the criminal justice system. It resolves civil actions brought by state government entities against private persons. It protects civil liberties from governmental encroachment by resolving suits brought by private persons against government. It resolves large numbers of purely private, civil disputes. Finally, by virtue of its power of judicial review of legislative enactments and executive actions, the judiciary is the final word in interpreting the California Constitution. 2

In performing these functions, the judiciary comes ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities