Independence of the justice system. Rule of Law as Human Right (Case of Gudmundur Andri Astrádsson c. Islandia)
Abstract
Judicial independence as a value and principle of the legal system becomes a subjective right so that any citizen can come to its defense. Offenses to the independence of judges and magistrates, external or internal, can be alleged before the courts without the need to demonstrate specific or concrete damage, that is, even in situations in which the actions of the justice system have not shown partiality. This individual right to an independent judge is intended to protect the trust that citizens must have in justice, that is, to safeguard the power of the State that is responsible for guaranteeing the indemnity of the legal system at the time of its application from unlawful pressure. In these pages we will analyze, based on a pilot judgment of the ECHR, how judicial independence is a subjective right designed to defend the rule of law.
Received: 29.05.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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