Judicial independence is sometimes described as a static property of a constitutional system — present or absent, robust or weak. The description obscures more than it clarifies. Independence is a maintained relationship between the judiciary and the other branches of government, sustained by structural features that are themselves the product of choice.

Reform agendas that compress those structural features — appointment review, tenure protection, budgetary independence — merit close public attention. The Institute will continue to provide that attention in its published work.