Judicial independence versus judicial impartiality: A comparative approach

PhD thesis


Kotby, M. 2023. Judicial independence versus judicial impartiality: A comparative approach. PhD thesis Middlesex University Business and Law
TypePhD thesis
TitleJudicial independence versus judicial impartiality: A comparative approach
AuthorsKotby, M.
Abstract

This thesis focuses on the relationship between the principles of judicial independence and judicial impartiality and how these concepts have been channelled and applied in the Egyptian judiciary. It approaches the subject, using a comparative methodology, by discussing how the essence, elements, institutional mechanisms, threats, and aspects of independence and impartiality have been channelled and interpreted in some designated international, regional, and national judicial courts and tribunals, as well as in the literature and textbooks.
While judicial independence and judicial impartiality are familiar concepts as cornerstones of ‘good’ judicial administration, the precise range, distinguishing features, and inter-relationship between the two principles are not entirely clear. It is worthy of exploration whether an independent yet partial bench can be sufficient to secure a fair trial and public confidence in the judicial system and also whether an impartial bench without independence can do the same.
Therefore, this thesis aims to answer the question of how different these two principles are from each other. A second question subsequently arises of whether independence is an indispensable condition for impartiality. The present study seeks to find a clear distinction between judicial independence and judicial impartiality and, if such a distinction exists, to determine, as a third question, what is truly needed – independence, impartiality, or both – and which principle should be prioritised over the other.
With Egypt as a case study, one of the first ancient civilisations to incorporate both principles into its judicial system, this study draws attention to the historical roots of the application of independence and impartiality in the ancient Egyptian judiciary. This historical background enriches the study with a solid basis to examine and compare how the principles have been channelled, applied, and interpreted in the modern Egyptian judicial system and the stumbling blocks that they face and also what possible solutions and recommendations could be to have an efficient independent and impartial judiciary in Egypt that secures a fair trial and public confidence in the judicial system.

Sustainable Development Goals16 Peace, justice and strong institutions
Middlesex University ThemeCreativity, Culture & Enterprise
LanguageEnglish
Department nameBusiness and Law
Institution nameMiddlesex University
Publication dates
Print15 Feb 2023
Publication process dates
Deposited15 Feb 2023
Accepted09 Feb 2023
Output statusPublished
Accepted author manuscript
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