Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Mapping Judicial Independence

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Toward a Comparative Taxonomy

image of Global Journal of Comparative Law

Judicial independence is increasingly viewed as a sine qua non of democratic constitutionalism. But in spite of a widespread consensus on the importance of having an independent judiciary, debates about the meaning of judicial independence persist in the literature. For scholars interested in comparative constitutional law, the uncertainty surrounding the definition of judicial independence is particularly vexing and raises several challenging questions: is there a universal set of conditions necessary for judicial independence? Or are there perhaps several models of a judicial independence? One issue that arises from these various questions is whether it is possible to develop a taxonomy of judicial independence. Although taxonomies inevitably produce an incomplete picture of the objects they classify, a taxonomy can assist comparative law scholars by providing an analytical framework for comparison. In Part 1 of this paper, the author explores the conceptual problems associated with finding a universal definition of judicial independence, arguing that there is no single, satisfactory definition of judicial independence. In Part 2 of the paper, the author addresses some of the methodological problems associated with developing a qualitative taxonomy. This is followed by a discussion of the organizing criteria that will be used to construct the four models of judicial independence found in the author’s proposed taxonomy.

Affiliations: 1: Assistant Professor, Thompson Rivers University, Faculty of Law; JD (Victoria), LLM (Toronto), Barrister & Solicitor (British Columbia),


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Global Journal of Comparative Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation