Why is it difficult to make a judiciary completely independent from political influence?

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Creating a perfectly independent judiciary is widely considered difficult, if not impossible, because courts operate within broader political and historical contexts that are often beyond their control. While institutional protections—such as fixed salaries, limited removal procedures, and decentralized organizational structures—can help, they are not absolute safeguards.1

Several factors contribute to this persistent challenge:

  • Lack of Independent Power: Judges lack the power of the "purse or the sword," making it difficult for them to consistently defy powerful political actors or institutions without facing consequences.1
  • Political Reshaping: Over time, even highly independent courts are often reshaped by political forces and may eventually accommodate the wishes of durable political majorities.1
  • Exogenous Conditions: The effectiveness of judicial independence often depends on external factors, such as the existence of a stable, competitive, multiparty democracy, which may not always be present.1
  • Selection Processes: In many systems, such as in the United States, the appointment of judges often involves ideological and partisan considerations, which can inherently link the judiciary to political influence from the outset.2

Ultimately, judicial independence is a delicate balance between democratic accountability and the need for impartial adjudication.2