Analysis of Judicial Independence in Modern Constitutional System

Penulis

  • Budi Santoso Institut Agama Islam Hamzanwadi NW LOTIM

Kata Kunci:

Judicial Independence, Rule of Law, Separation of Powers, Constitutional Democracy, Institutional Design

Abstrak

Judicial independence is foundational to constitutional democracy and the
rule of law. In modern constitutional systems, the judiciary must operate free
from undue influence by the legislative and executive branches to safeguard
rights, uphold justice, and maintain legal accountability. This article examines
the conceptual foundations, institutional dimensions, comparative
frameworks, contemporary challenges, and future prospects of judicial
independence. It underscores how legal design, constitutional guarantees,
institutional safeguards, and socio-political contexts interact to define the
autonomy of the judiciary in state governance. The analysis draws upon
recent academic literature, judicial reform studies, and international
normative frameworks.

Diterbitkan

2025-09-02