Foundations of Judicial Independence in Comparative Legal Systems and Its Impact on Achieving Criminal Justice

This study investigates the foundations of judicial independence in comparative legal systems, particularly the rulings of Egypt’s Supreme Constitutional Court and relevant case law from the European Court of Human Rights. The significance of this study lies in shedding light on the principle of judicial independence as a fundamental pillar in ensuring justice, safeguarding fundamental rights and freedoms, and strengthening public confidence in the judicial system. The research problem of this study is centered on analyzing the extent to which the principle of judicial independence is achieved in the Omani judicial system and identifying the factors that positively or negatively impact its application. The study further gains importance in examining existing gaps in judicial systems and exploring ways to enhance judicial independence to ensure the fairness of criminal trials and the protection of individual rights. Additionally, it assesses the adequacy of legal provisions in guaranteeing judicial independence compared to Egyptian legislation, supporting this analysis with the principles established by the rulings of the Supreme Constitutional Court in Egypt. The study followed a descriptive and comparative approach by analyzing legal and constitutional texts relating to the principle of the independence of the judiciary, comparing comparative legal systems. One of the most significant findings of this research is that the Egyptian legislator has expressly affirmed the principle of judicial independence by stipulating the irremovability of judges and prohibiting their secondment except to the bodies and functions specified by law. In addition, a Supreme Council for Judicial Bodies and Authorities has been established to examine the conditions for the appointment and promotion of judges and to safeguard their independence. On the other hand Omani Constitution affirms judicial independence, provides for the irrevocability of judges except in cases prescribed by law, and establishes that no authority shall prevail over judges other than the law. However, the Omani legislator has not enacted explicit provisions prohibiting the secondment of judges, nor has it laid down rules concerning the prescription periods for crimes related to interference in the administration of justice.