Why is judicial independence important when courts decide cases involving the government?

Judicial independence is essential when courts decide cases involving the government because it serves as a critical safeguard for the rule of law, ensuring that individuals and minorities are protected from illegal or unjust treatment by the state or a tyrannous majority.1

Because the judiciary is often described as the "least dangerous" branch—lacking control over the "sword or the purse"—it is inherently vulnerable to retaliation or obstruction by other branches of government. Judicial independence is therefore vital to allow judges to act impartially, even when their decisions are antagonistic to the government’s interests.12

Without this independence, there is a significant risk that the judiciary could become a tool of the political regime, leading to a failure to uphold legal standards against government overreach. While achieving complete insulation from political influence is difficult, maintaining independence is a fundamental ethical requirement for ensuring that legal disputes are resolved through judicial review and established law rather than through the direct exercise of political power.341