Making Commonwealth Values A Reality

By Gabriela Knaul -November 13, 2013 |

Gabriela Knaul

Making Commonwealth values a reality: the rule of law and independence of the legal profession

Presentation of the United Nations Special Rapporteur on the Independence of Judges and Lawyers - Gabriela Knaul

Excellencies,

Ladies and Gentlemen,

Allow me to begin this brief presentation by expressing my sincere gratitude to the International Bar Association’s Human Rights Institute and the International Commission of Jurists for inviting me to participate to this press conference. I am honoured to have the opportunity to share some thoughts on how to promote the rule of law and the independence of the judiciary and the legal profession.

As you well know, the independence of the judiciary finds its origin in the principle of the separation of powers, according to which the State is divided into branches – the legislature, the executive and the judiciary – each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches.  This separation of powers enables a system of mutual checks and balances aimed at ensuring the integrity of the roles of each branch and at preventing abuses of power to the detriment of a free society.

The judiciary plays an essential part in this system. It serves as an essential safeguard against breaches to the law committed by the other branches of the State, in particular the executive power, and plays an important role in ensuring that the law applies equally to everyone. Institutional independence requires the judiciary to be institutionally separated from the other branches of power, and to be autonomous and independent in its functioning and in the decision of internal matters.Read More