Guidance for Promoting Judicial Independence and Impartiality

摘要

Achieving judicial independence in order to ensure impartiality in judicialdecisions is a complex undertaking. There are various ways in which countries, with and without donor support, have sought to attain this goal. Much depends upon indigenous customs, expectations, and institutional arrangements. This guide is intended to promote an understanding of the issues and to assist USAID and other donors design and implement effective programs. The guide is based primarily on input from experts in 26 countries. The conclusions drawn from the papers submitted by these experts were vetted in a series of roundtables, with the final results forming the core of the guide. The guide is divided into three main parts. Following the introductory section, Section II describes the key processes and institutional arrangements affecting judicial independence. Section III is comprised of regional and country studies that expand upon important differences in culture, history, and legal systems that affect judicial independence. Section IV develops specific themes.