How has the concept of judicial independence been interpreted?
Canada (Federal), Canada
The following excerpt is from Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3 SCR 391, 1997 CanLII 322 (SCC):
71 The essence of judicial independence is freedom from outside interference. Dickson C.J., in Beauregard v. Canada, 1986 CanLII 24 (SCC), [1986] 2 S.C.R. 56, described the concept in these words, at p. 69: Historically, the generally accepted core of the principle of judicial independence has been the complete liberty of individual judges to hear and decide the cases that come before them: no outsider ‑‑ be it government, pressure group, individual or even another judge ‑‑ should interfere in fact, or attempt to interfere, with the way in which a judge conducts his or her case and makes his or her decision. This core continues to be central to the principle of judicial independence.
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