Constitutional Aspect of the Independence of the Judiciary
Pravnik, Ljubljana 2017, Vol. 72 (134), Nos. 5-6
Avtor: SOVDAT, Jadranka
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The measure of the independence of the Judiciary is the independence of each and every judge. Therefore, the manner in which the status of a judge is regulated in the Constitution and statutes holds a lot of importance.
The measure of the independence of the Judiciary is the independence of each and every judge. Therefore, the manner in which the status of a judge is regulated in the Constitution and statutes holds a lot of importance. In order to strengthen the independence of the Judiciary, amendments to the Constitution and statutes on the manner of appointing judges and presidents of the courts, the president of the Supreme Court included, and on the competences of the Judicial Council should be adopted. It is not sufficient only to declare that the Judiciary is independent, its independence must be exercised in everyday life. Consequently, genuine respect thereof is of equally importance. The representatives of the legislature and the executive branch of power are obliged to respect the independence of the Judiciary as such is their constitutional duty, on the one hand. On the other hand, the Judiciary and every judge should be aware that the responsibility is inherent in their independence and autonomy.