Glossary / Fundamental Legal Principles

Judicial independence

Judicial independence protects the ability of courts and judges to decide cases according to law and conscience, not pressure from government, parties, media or private interests. In Switzerland it matters at federal and cantonal levels and is reinforced by rules on appointment, tenure, incompatibilities, recusal, transparent procedure and separation of powers. Independence has institutional and individual dimensions: courts need structural autonomy, while judges must be impartial in each case. The principle does not exempt courts from accountability, reasoned judgments or lawful appeal, but shields adjudication from improper interference.

Defined in law

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