Publication Date

5-2016

Document Type

Article

Abstract

Separation of powers and the judiciary - or judicial independence as it is often termed - "refers to the need for courts that are fair and impartial when reviewing cases and rendering decisions, ... [which] requires freedom from outside influence or political intimidation." As recognized by President Ronald Reagan, and scores upon scores of our nation's most preeminent leaders, "[the] independence of the courts from improper political influence is a sacred principle, .... It must always be guarded."

This cornerstone of our free society - judicial independence - has been the bedrock of Kansas' republican form of government since the state's founding. Indeed, separation of powers is one of the most important political principles upon which our entire nation was founded. As Thomas Paine observed: "No country can be called free which is governed by an absolute power; and it matters not whether it be an absolute royal power, as the consequences will be the same to the people." George Washington forcefully advocated this same commitment to separation of powers in his famous Farewell Address. "Liberty itself will find in such a Government, with powers properly distributed and adjusted, its surest Guardian."

President Reagan, Thomas Paine, and President Washington's message to us today is clear. The independence of the judiciary is not maintained for the benefit of the judges. It is for us - free citizens of a democratic republic governed under rule of law - for whom the courts stand open as fair and impartial tribunals.

Publication Title

Journal of the Kansas Bar Association

Volume

85

Issue

5

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