Owen M. Fiss, “The Limits of Judicial Independence.” The University of Miami Inter-American Law Review, Vol. 25, No. 1 (Fall, 1993): pp. 57-76
Summary: Two assumptions frequently underlie discussions concerning the transitions from dictatorship to democracy that occurred in Latin America in the 1980s. The first is that the judiciary will have an important role to play in the new democratic regimes, and the second is that every effort must be made to assure the judiciary’s independence. The term “independence” is generally used to characterize the relationship of the judiciary to other institutions or agencies. An independent judge is one who is not under the influence or control of someone else. An element of ambiguity arises, however, because there are several different kinds of institutions or agencies from which the judge is to be independent. Judges are supposed to be independent, but from whom?