Judicial Independence as a Political Argument

Abstract

This short thought piece explores how judicial independence is a political concept that is employed by political actors for different reasons in different political contexts. Scholars should turn some attention to how "judicial independence" as a political term can be used to make arguments for and against political and institutional changes in order to secure or protect policy gains from the judicial branch. It is hypothesized that some political actors might rely on judicial independence to protect a policy created by like-minded judicial actors in one political environment only to abandon judicial independence language when courts make rulings contrary to their interests. The shifting nature of judicial independence during different political eras may help scholars understand the political foundations of judicial independence.

Keywords: judicial independence, political change, court curbing