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Independent Judiciary

NCJ Number
Date Published
125 pages
This is a study of judicial independence and accountability, an evaluation of recent events perceived by some as threatening judicial independence and recommendations.
This report includes sections concerning: (1) origins of the judicial independence-accountability debate; (2) history and evolution of judicial independence (constitutional text, decisional and institutional independence); (3) recent issues and arguments regarding federal decisional and institutional independence issues (judicial criticism, public confidence, judicial activism, judicial appointments, Congressional modification of judicial decisions, political branch control over the judiciary's financial resources, Congressional control over the judiciary's internal administration and over court practice and procedure); (4) review of State judicial independence; and (5) findings, conclusions and recommendations concerning the general state of Federal judicial independence, and Federal and State judicial independence problems. Notes, appendixes, bibliography