A Branch of Judicial Power in the Basic Law – On Some Aspects of Judicial Independence

Abstract

The part of the Constitution concerning courts has been changed several times in the last ten years. This paper does not concern all amendments, therefore, issues related to administrative justice are not discussed. In this study – bringing to the fore the viewpoint of judicial independence – we discuss some cases of public interest, in connection with which the Constitution has been amended. We are dealing with the possibility of relocation of cases, early retirement of judges, and the constitutional system for central administration of the courts. The second part of the study analyses some aspects of judicial independence from the perspective of the judge. We are presenting practical arguments with the aim of demonstrating that the rule of law prevails in jurisdiction.