A Quote by Prashant Bhushan
In order to keep the judiciary independent of the executive, the constitution provided impeachment as the only method for disciplining errant judges.
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An independent judiciary does not mean judges independent of the Constitution from which they derive their power or independent of the laws that they are sworn to uphold.
How we decide the vexed issue of the method of selection of judges of the Supreme Court and the high courts would determine the future of our democracy and the rule of law in the country. We are faced with the twin problem of selecting the best judges and also ensuring that the judiciary would be insulated from executive interference.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
In order to provide for their independence, the Constitution made judges of the superior courts immune from removal except by impeachment.
I think [John Adams's] influence on the federal Constitution was indirect. Many including James Madison mocked the first volume of Adams's Defence of the Constitutions of the United States in 1787. But his Massachusetts constitution was a model for those who thought about stable popular governments, with its separation of powers, its bicameral legislature, its independent judiciary, and its strong executive.
The Massachusetts constitution was written much later than the other revolutionary state constitutions, and thus it avoids some of the earlier mistakes. The executive is stronger, with a limited veto; the senate is more formidable; and the judiciary is independent.
The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
Experience has already shown that the impeachment the Constitution has provided is not even a scarecrow.
[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.
Frank Johnson was recognized as one of the great federal judges of American history, I suppose. He was a law-and-order judge. He was a classical, I think, conservative. But he believed that civil rights provided in the Constitution applied to everybody.
In the legislature, the House of Representatives is chosen by less than half the people, and not at all in proportion to those who do choose. The Senate are still more disproportionate, and for long terms of irresponsibility. In the Executive, the Governor is entirely independent of the choice of the people, and of their control; his Council equally so, and at best but a fifth wheel to a wagon. In the Judiciary, the judges of the highest courts are dependent on none but themselves.
The principle of the Constitution is that of a separation of legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution, and it ought to be so commented and acted on by every friend of free government.
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
None of the constitutional, legal or other principles bars me from returning to the judiciary, since the judiciary remains independent if the actors remain independent and fair.
Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
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