Keywords
Independence of the judiciary
guarantees of judicial independence
right to a fair trial
separation of powers
impartiality of the court
appearance of independence
organic independence
functional independence
external independence
internal independence
individual independence
institutional independence
Supreme Judicial Council
judiciary
judicial ethics
irrevocability of the judge
principle of equality among judges
fundamental freedoms of the judge
guarantees of judicial independence
right to a fair trial
separation of powers
impartiality of the court
appearance of independence
organic independence
functional independence
external independence
internal independence
individual independence
institutional independence
Supreme Judicial Council
judiciary
judicial ethics
irrevocability of the judge
principle of equality among judges
fundamental freedoms of the judge
How to Cite
MEHANNA, M. (2023). L’indépendance de la justice : une question de moralité des juges ?. Proche-Orient Études Juridiques, (76), 75-95. Retrieved from https://journals.usj.edu.lb/poej/article/view/1058
Abstract
Defining and measuring the concept of judicial independence, often a source of contradictions, is crucial to ensure that the reform of the judicial system genuinely leads to the protection of the independence of judges and justice.
This article puts forward three essential points: 1. Judicial independence is a measurable concept based on a set of specific guarantees; 2. It is also a complex concept, encompassing multiple facets that must be protected simultaneously; 3. Ultimately, it stems from legislative (and possibly constitutional) recognition of these complementary guarantees rather than from a moralizing discourse imposed on judges.