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Judicial Independence and Political Influence in Modern Democracies Fathya, Adinda Zahra; Santika, Rani
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jlsp.v3i1.60

Abstract

This research examines contemporary human rights violations and evaluates the effectiveness of international legal mechanisms in addressing these issues. Using a qualitative approach, it employs doctrinal legal analysis and case studies to assess the role of international courts, tribunals, and human rights organizations. Key legal instruments, including the Universal Declaration of Human Rights, the Geneva Conventions, and the Rome Statute, are analyzed to understand their impact on prosecuting war crimes, crimes against humanity, and genocide. Reports from the United Nations, the International Criminal Court (ICC), and regional human rights bodies highlight enforcement challenges, such as political constraints, jurisdictional limitations, and state non-cooperation. Case studies on Ukraine, Myanmar, Ethiopia, and Venezuela illustrate both the successes and shortcomings of international legal interventions. Strengthening global accountability requires enhanced cooperation, judicial independence, and more effective sanction mechanisms. The study also explores judicial independence as a fundamental pillar of democracy, assessing the extent of political influence on judicial autonomy. Through content analysis of judicial reforms and constitutional changes in democratic nations, the research identifies key patterns of political interference, including judicial appointments, budgetary control, and legislative restrictions on judicial review. While judicial independence upholds constitutional integrity and civil liberties, political interference can erode democratic institutions. The study concludes that safeguarding judicial autonomy necessitates strong legal frameworks, institutional transparency, and active civil society participation. These findings contribute to legal and political discourse, offering policy recommendations to enhance judicial resilience and democratic governance.
Judicial Independence and Political Influence in Modern Democracies Fathya, Adinda Zahra; Santika, Rani
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.60

Abstract

Background: Human rights violations and political interference in judicial systems remain persistent global challenges that undermine accountability, democratic governance, and the rule of law. Armed conflicts, authoritarian governance, and socio-political crises have intensified systematic abuses by both state and non-state actors, while weakening the independence of judicial institutions responsible for upholding justice. Objective: This study aims to examine contemporary human rights violations and assess the effectiveness of international legal mechanisms in addressing these violations, while also analyzing the extent to which political influence affects judicial independence in modern democratic systems. Methods: The research employs a qualitative approach using doctrinal legal analysis and comparative case studies. Data are derived from international legal instruments, judicial decisions, United Nations reports, International Criminal Court (ICC) documents, regional human rights bodies, and scholarly literature published within the last five years. Results: The findings indicate that international legal frameworks provide essential mechanisms for addressing human rights violations; however, enforcement remains inconsistent due to political constraints, jurisdictional limitations, and state non-cooperation. Case studies from Ukraine, Myanmar, Ethiopia, and Venezuela reveal both successes and structural limitations of international legal interventions. Additionally, political interference in judicial appointments, budgetary control, and legislative restrictions significantly undermines judicial independence, contributing to democratic backsliding. Conclusion: The study concludes that strengthening international human rights protection and safeguarding judicial independence require enhanced international cooperation, robust legal frameworks, judicial autonomy, and active civil society engagement. These measures are crucial for ensuring accountability, protecting civil liberties, and promoting democratic resilience in contemporary governance systems.