The Evolution of Judicial Independence: Analyzing the Impact of the Magna Carta on Modern Legal Systems and Current Challenges to the Rule of Law

  • Shahanaz Begum Shaik and Arshad Pazhayathavalam Rahumathulla
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  • Shahanaz Begum Shaik

    Student at Christ (Deemed to be University), India

  • Arshad Pazhayathavalam Rahumathulla

    Student at Christ (Deemed to be University), India

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Abstract

This paper analyses the development of judicial independence, following its history through to the Magna Carta of 1215, and evaluates its influence on contemporary legal systems. The Magna Carta laid down fundamental principles of due process and reined in monarchical authority, significantly impacting the development of standard law systems worldwide. This paper examines how such precedents in the past have shaped contemporary legal frameworks of countries like the United States of America, Canada, Australia, and India and proves the age-old value of judicial independence in sustaining the rule of law. Political interference, corruption, and inadequate funding currently imperil the autonomy and impartiality of judiciaries across the globe. Through comparative assessment, the research compares various systems of law, deriving best practices and proposing what must be done to promote the independence of judiciaries, such as seeking to consolidate legal tools, increasing transparency in the judicial appointment process, fighting corruption, and allocating proper funding for judiciary institutions. Overall, this study highlights the crucial importance of judicial independence in upholding democratic values and providing equal and impartial justice to everyone.

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International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1823 - 1835

DOI: https://doij.org/10.10000/IJLMH.119234

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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