Judicial independence: Conceptualization and measurement

The present article proposes a precise meaning of judicial independence distinguishing between two dimensions: a negative and a positive one, both intimately related. While the negative dimension refers to the ability of the judge to decide a specific case free from interference, the positive dimension implies that the judge decides only according to the law and the truth of the facts. However, given the margin of discretion involved in any legal interpretation, the positive dimension also includes judicial decisions according to values. Following this analysis, the article discusses different methods for measuring judicial independence, explaining their virtues and weaknesses.