Title: Influences on Judicial Power - Judicial Law Essays
Headings: Influences on Judicial Power
Influences on Judicial Power
Content: In Federalist 78, Hamilton states that the “independence of judges is equally requisite to guard the constitution and the rights of individuals” (Woll, 409). Unlimited terms of judges enable them to articulate impartial judgments despite popular politics. They are not at risk of losing their political position when ruling against the desires of powerful institutions. Immunity to political influence allocates court jurisdictions that are in the interest of justice and equality. The alternative of “periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence. If the power of making them was committed either to the executive or legislature, there would be danger of an improper compliance to the branch with possessed it” (Woll, 412). Limiting the term of judges would motivate their loyalty to the agency responsible for appointments in order to ensure future succession. Hamilton argues that the judicial branch is in “continual jeopardy of being overpowered, awed or influenced by its coordinate branches; that, as nothing can contribute so much to its firmness and independence as PERMANECNY IN OFFICE” (Woll, 410). Domination of the judicial branch by the executive or legislative branch undermines the essential structure of separated powers.