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What do you require an independent judiciary in a federal setup?
Wiki User
∙ 16y ago
The independence of the federal judicial branch is based on the insulation of its members, once appointed and confirmed in their positions, from punitive actions by the legislative and executive branches. According to Article 3 of the Constitution, federal judges may hold their positions "during good Behaviour"; in effect, they have lifetime appointments as long as they satisfy the ethical and legal standards of their judicial offices. Furthermore, Article 3 provides that the legislative and executive branches may not combine to punish federal judges by decreasing payments for their services. The intention of these constitutional provisions is to guard the federal judges against undue influence from the legislative and executive branches in the exercise of their judicial power.
Alexander Hamilton argued for an independent judiciary in The Federalist No. 78. He wrote, "The complete independence of the courts of justice is peculiarly essential in a limited Constitution." http://www.answers.com/topic/hamilton claimed that only an independent judicial branch of government would be able to impartially check excessive exercise of power by the other branches of government.
Wiki User
∙ 16y ago
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