Basic Principles on the Independence of the Judiciary


Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to
6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms without any discrimination,

Whereas the Universal Declaration of Human Rights enshrines in particular the principles of equality before the law, of the presumption of innocence and of the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights both guarantee the exercise of those rights, and in addition, the Covenant on Civil and Political Rights further guarantees the right to be tried without undue delay,
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China’s top judge calls judicial independence an ‘erroneous Western ideal’

japan times

AP, Jan 18, 2017

China’s top judge has drawn criticism from legal professionals after he dismissed the concept of judicial independence as an “erroneous Western ideal,” a statement seemingly aimed at emphasizing the ruling Communist Party’s ultimate control over all areas of public life.

Zhou Qiang, the head of the Supreme People’s Court, has at times been seen as a reformer keen on limiting the influence of government officials on the courts.

However, Chinese state media quoted him over the weekend as instructing leading judges to “draw your sword” against words and actions running counter to the ruling Communist Party’s dictates. Tiếp tục đọc “China’s top judge calls judicial independence an ‘erroneous Western ideal’”