AP Comparative Government: Independent Judiciaries - Your Ultimate Study Guide ⚖️

Hey there, future AP Gov rockstar! Let's get you prepped and confident for the exam with this super-focused study guide on independent judiciaries. We're going to break down everything you need to know, make it stick, and get you ready to ace it!

2.9 Independent Judiciaries: Why They Matter

What You Need to Know

Key Concept

The big picture: Understand how independent judiciaries act as a check on other branches of government. This is HUGE for maintaining democracy and preventing tyranny!

- **Authority:** How much power does the judiciary have to overrule the executive and legislative branches? - **Role:** How does the judiciary protect civil liberties, rights, and the separation of powers?

Comparing Judicial Independence Across Countries

Here's a quick rundown of judicial independence in our six core countries. Remember, this is all about context!

Country	Degree of Independence	Explanation/Example
UK 🇬🇧	No true independence	Parliamentary sovereignty means the judiciary can't strike down laws. They can only point out issues with common law or precedent.
Russia 🇷🇺	No true independence	President and United Russia control judicial appointments. Courts are often used to target the opposition, undermining their legitimacy.
Iran 🇮🇷	No true independence	Supreme Leader appoints judges. Sharia law is the ultimate legal authority, not the constitution. This leads to unequal treatment and human rights issues.
Mexico 🇲🇽	Transitioning towards independence	Judicial review exists, and reforms are ongoing. However, corruption and fear of cartels impact legitimacy.
China 🇨🇳	No true independence	The CCP controls the judiciary, which enforces party decisions. The 99.3% conviction rate shows a lack of civil liberty protection.
Nigeria 🇳🇬	Transitioning toward independence	Judicial review exists, but political interference (like the 2019 suspension of the chief justice) shows ongoing challenges. Military influence in the past also affects legitimacy.

Assessing Judicial Independence: Key Factors

Okay, so how do we actually tell if a judiciary is independent? Here are the key things to look for:

1. Authority to Overrule Other Branches ❌

Does the judiciary have the power of judicial review? Can they strike down laws that violate the constitution? If not, they're not truly independent.
Example: Mexico 🇲🇽's Supreme Court interprets the constitution to ensure all processes are constitutional. This is a good sign of independence.

2. The Appointment Process 👆

How are judges selected? Are they appointed by the executive, or is there a more independent process?
If judges owe their jobs to the executive, their independence is compromised.
Example: The UK 🇬🇧 uses the Judicial Appointments Commission to ensure fairness and diversity in the selection process. This is a strategy to maintain independence.

3. Length of Judicial Terms 🗓

Are judges appointed for life, or are their terms limited? Lifelong terms promote stability and allow judges to focus on the law, not political pressure.
Short terms can lead to instability and political interference.
Example: In Iran 🇮🇷, the chief justice serves only a 5-year term, potentially undermining the judiciary's stability.

4. Professional and Academic Background 🧐

Are judges qualified and knowledgeable about the law? They should serve the law, not political agendas.
Example: China 🇨🇳 requires judges to have a law degree and pass exams, but the CCP still influences appointments.

5. The Process for Removing Judges 👋

Can judges be easily removed by the government? If so, they can't act independently.
Example: In Nigeria 🇳🇬 during military dictatorships, judges were removed based on their loyalty to the ruling party, showcasing a very weak judiciary.

Memory Aid

Remember the acronym "ALBAP" to quickly recall the key factors:

Authority to overrule
Length of terms
Background (professional and academic)
Appointment process
Process for removal

Unit 2 Recap: Political Institutions

This unit is crucial! You need to understand the structure and function of the executive, legislative, and judicial branches in all six countries.
Be ready to discuss how these factors impact independence, legitimacy, authority, and democracy.
This unit is super important for argumentative essays. You might be asked to discuss the impact of governmental structures on various concepts.
Don't forget your key terms from Unit 1! Knowing and applying them is essential for success.

Final Exam Focus 🎯

High-Priority Topics

Judicial Independence: Understand how it's measured and its importance.
Checks and Balances: How do different branches limit each other’s power?
Rule of Law: How does the judiciary uphold this principle?
Country-Specifics: Be ready to compare and contrast the judiciaries of the six core countries.

Common Question Types

Multiple Choice: Expect questions that test your knowledge of key terms and country-specific details.
Short Answer: Be ready to explain the factors that affect judicial independence and give examples.
Free Response: You'll likely need to construct an argument about the relationship between judicial structure and democratic principles.

Last-Minute Tips 💡

Time Management: Don't spend too long on any one question. Move on and come back if you have time.
Read Carefully: Pay close attention to the wording of each question.
Use Examples: Always back up your points with specific examples from the course countries.

Exam Tip

For FRQs, make sure you address all parts of the prompt and use clear, concise language.

Common Mistake

Don't just list facts; analyze and explain their significance.

Practice Questions

Practice Question

Multiple Choice Questions

Which of the following best describes the concept of judicial review? (A) The power of the executive to appoint judges (B) The ability of the legislature to impeach judges (C) The authority of the judiciary to interpret and apply the law, including striking down laws that violate the constitution (D) The process of selecting judges based on their political affiliation
In which of the following countries does the judiciary have the least amount of independence? (A) Mexico (B) Nigeria (C) The United Kingdom (D) China

Free Response Question

Prompt: Explain how the method of judicial selection and the length of judicial terms can impact the independence of the judiciary. Provide specific examples from two course countries to support your analysis.

Scoring Guidelines:

Point 1: Explanation of how judicial selection methods impact independence (1 point)
- Award 1 point for explaining that if judges are appointed by the executive or legislative branch, their independence may be compromised due to loyalty or political pressure.
Point 2: Explanation of how the length of judicial terms impacts independence (1 point)
- Award 1 point for explaining that lifelong terms promote stability and independence, while short terms may lead to political interference.
Point 3: Example of judicial selection method from one course country (1 point)
- Award 1 point for providing a specific example of a judicial selection method from one course country (e.g., the UK's Judicial Appointments Commission or Russia's presidential appointments).
Point 4: Example of judicial selection method from a second course country (1 point)
- Award 1 point for providing a specific example of a judicial selection method from a second course country (e.g., China's CCP-influenced appointments or Mexico's Supreme Court appointments).
Point 5: Example of judicial term length from one course country (1 point)
- Award 1 point for providing a specific example of judicial term length from one course country (e.g., Iran's 5-year term for the chief justice).
Point 6: Example of judicial term length from a second course country (1 point)
- Award 1 point for providing a specific example of judicial term length from a second course country (e.g., the lifelong terms of judges in the UK).

You've got this! Now go out there and show that AP exam what you're made of! 💪

Independent Judiciaries

William Gray