Constitutional and Legal Guarantees for the Independence of the Judiciary in the Syrian Arab Republic

Abstract

The judiciary is considered the natural mechanism for resolving disputes, as well as the best way to achieve justice, But in order for this judiciary to play its role, it must provide it with the appropriate atmosphere for that. Essentially, its independence from any external influence, especially from the legislative and executive branches, is in accordance with the concept of the principle of separation of powers. The right to litigation represents one of the pillars of the rule of law as the pillar of all freedoms and from which the means to protect it are derived, by guaranteeing its guarantee through the independence of the judicial authority, and by providing constitutional and legal immunity from which it is intended to achieve legal protection of the rights and freedoms of individuals through protecting the independence and impartiality of the judge. Therefore, the Syrian constitution in force for the year 2012 was keen to devote the principle of the independence and impartiality of the judiciary in the face of other authorities, or any pressures through the text in its core on this principle, and to raise it to the level of supreme constitutional texts in order not to prejudice it, given the link of the principle of the independence of the judiciary to ensure the right to litigate For the sake of achieving this independence, the Syrian constitutional legislator has devoted a set of constitutional and legal guarantees for achieving justice and equality by protecting the judge from pressures and influences, and providing the necessary immunity to exercise his noble and difficult job at the same time.