Seminar E

Judicial Independence: What, Why, Threats and Need for New Law

Course Description

Join the Monique and Roland Weyl People’s Academy of International Law for a seminar exploring how international law upholds judicial independence and impartiality—and where it falls short in addressing contemporary threats. With examples ranging from attacks on judges in the Philippines and Pakistan to the use of Lawfare to undermine judicial impartiality in the U.S., the program situates judicial independence as a cornerstone of the rule of law and fair trial guarantees. Through expert analysis by leading human rights and constitutional lawyers, the seminar examines current legal protections, identifies systemic vulnerabilities, and proposes pathways for strengthening global legal standards in the face of rising authoritarianism and emergency rule.

Course Content

  • Understand the Legal Foundations of Judicial Independence: Examine how international instruments such as the Universal Declaration of Human Rights and other treaties establish the right to an independent and impartial judiciary.

  • Evaluate Contemporary Threats and State Accountability: Explore current global examples—such as political interference, national security overreach, and noncompliance with international court orders—that challenge judicial autonomy and impartiality.

  • Examine National and Regional Responses: Assess how domestic and regional actors—including judges, bar associations, and legal advocates—defend judicial integrity under pressure.

  • Develop Legal Strategies for Protection and Reform: Learn from case studies and expert insights to identify international legal tools and advocacy strategies that support judicial independence in diverse legal systems.

Faculty

Neri Colmenares

Human Rights Lawyer and Former Member of the Philippine Congress

Salahuddin Ahmed

Constitutional Litigator and Former Bar Association President in Pakistan

Natali Segovia

International Human Rights Attorney and Executive Director of the Water Protector Legal Collective

Supplemental Materials

Foundational Doctrines

United Nations Sources

International Covenant on Civil and Political Rights (See Part III Art. 14)

Human Rights Committee, General Comment No. 32, Article 14

Briefing Paper from the Center for Constitutional Transitions at NYU Law

Global Case Studies

The Failure of Constitutional and Statutory Protection to Ensure Judicial Independence:

The Case of the Philippines by Neri J. Colmenares

Lawfare: Threats to Judicial Impartiality & the Rule of Law by Natali Segovia

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