Notice here how judicial independence works in favor of the first
conception of impartiality but not necessarily in favor of the second. With
independence comes freedom from external influence. With no vulnerability
to reprisal, the judge is free to decide the case on the merits, and he may
adjudicate without regard to the views of legislators, governors, or presidents.
Judges are, in essence, empowered to govern on the basis of law, not men.
However, true judicial independence also gives judges license to decide on the
basis of their own ideological predilections. No opportunities exist for external
officials, be they legislators or chief executives, to check judicial freedom to
impose their own conceptions of justice, fair play, etc. If we suppose that
judges typically act this way, then judicial independence works against RL.
Such independence makes it more, rather than less, likely that judges will be
governed by men, not law.130
128 Cf Richard A. Posner, What Do Judges