Year: 2025
Type: article
Abstract: As a complex mini-system, the judiciary has internal reserves to ensure its independence, which is crucial in guaranteeing the separation of powers and protection of human rights. The article presents the institutional guarantees of judicial independence and integrity of judges. In this context, the author reveals the role of courts in ensuring the foundations of the constitutional state, particularly under martial law, and the prospects for the development of the military justice institution. The author identifies the main aspects of institutional sustainability and capacity of the judiciary by analysing strengths and weaknesses, opportunities and potential threats to the effective administration of justice (SWOT analysis). Institutional resilience of the judiciary is finding internal reserves of the system to withstand destructive influences of the external environment, in particular from political institutions, as well as to respond adequately to human rights violations and guarantee fair judicial protection. The institutional capacity of the justice system is the living creation of law based on fundamental principles of law in such a way as to ensure a high degree of enforcement of court decisions. The foundation of a functioning institutional state – in the wider sense and the separation of powers with safeguards against concentration of power – in the narrower sense – implies the maintenance and comprehensive implementation of guarantees of judicial independence. However, to demonstrate its independence, the judiciary must rely on its inherent resources – from the inherent functions of the court as a crown jewel of human rights protection to the high moral qualities and competence of judges to protect the values of constitutional democracy. Their competitive selection ensures the democratic legitimation of judges, and the absence of the Institute of Magistrates is partly blamed for the democratic legitimation of the judiciary and its democratic responsiveness. Key words: constitutional democracy, human rights, integrity of judges, judicial accountability, judicial independence, separation of powers.
Author: Mykhailo Savchyn
Institution: National School of Judges of Ukraine
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411211903