“Rethinking Judicial Independence: Limitations of Separation from the Executive”

Abstract

This paper critically examines judicial independence in Bangladesh by moving beyond the traditional emphasis on separation of the judiciary from the executive. It argues that formal separation alone is insufficient to ensure true judicial autonomy in practice. The study highlights structural, institutional, and socio-political constraints, including executive influence, appointment and promotion processes, financial dependence, and informal pressures. By analyzing these limitations, the paper emphasizes the need for a broader understanding of judicial independence that incorporates accountability, transparency, institutional capacity, and constitutional culture. The paper ultimately calls for comprehensive reforms to strengthen both the functional and substantive independence of the judiciary in Bangladesh.