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The criterion used in this case is similar to that used to determine the bias of the adjudicator . The question is whether a reasonable observer would perceive the court as independent …?…
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A person who wishes to challenge the independence of the court does not need to prove that there is a real lack of independence , although if it is proved, this will be crucial for the challenge .…
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It is important that the judiciary is perceived as independent and that the criterion of independence includes this perception .…
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This means a perception of whether a particular court operates under the necessary objective conditions or whether it has guarantees of judicial independence , and not a perception of how it will actually act , regardless of the existence of such conditions and guarantees.…
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This manifested world is only a delusion – it is better not to allow even the thought of it to arise in your head again !!!… (Batishteha 106)
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Just as a thought or idea " sees " the blue in the sky , so the mind sees this world as real . There is no blueness in the sky – the inability of vision to see beyond some limits is manifested as blueness . Also, it is only the limitation of thought that perceives this apparent world . (Batishteha 106)
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The firm conviction that " I am not absolute Ahdut " binds the mind , and the mind is released by the firm conviction that " everything is absolute Ahdut " . Ideas and thoughts – bind , their termination – release . So be free from them and spontaneously do what needs to be done .…… (Batishteha 106)
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The mind is born out of this idea or thought , and the mind must disappear with the help of the idea or thought , that is, with their end …… (Batishteha 106)
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In this very “ I ” , there is a kind of fog , which creates a division into subject and object , and then the infinite consciousness itself is called mind . This fog is an idea , intention , or thought in this infinite consciousness …… (Batishteha 106)
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From the Creator of Atika Kadisha to the last blade of grass , all this is nothing but the higher “ I ” , the infinite consciousness - the misunderstanding of nonexistent unreality . There is no second thing that can be called intelligence …… (Batishteha 106)
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This is necessary because the judiciary plays an important role and performs important functions in relation to the other two branches of government!!!…
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The relationship between the three branches of government should be based on mutual respect and recognition of the respective roles of the other branches of government .……
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The independence of the judiciary is based on the principle of separation of powers , according to which the judiciary, which is one of the three fundamental and equal elements of a modern democratic state , should function independently of the legislative and executive branches ……
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As darkness disappears if you turn to the light , so misunderstanding disappears when you turn to the light of your higher “ I ” . Until there is a natural desire for self-awareness , this stupidity and limitation will give out an endless stream of the apparent world without stopping …… (Batishteha 106)
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Just as a shadow disappears when it wants to see the light, so this misunderstanding disappears when it turns to self-awareness …… (Batishteha 106)
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On the other hand , the river of Mirage never stops . How amazing that this misunderstanding was able to blind the whole world ! This misunderstanding or mental limitation grows on the dual forces of desire and hatred …… (Batishteha 105)
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When this misunderstanding or mental limitation is overcome by the perception of its unreality , then reason ceases – as when the flow of water ceases , the river dries up .…… (Batishteha 105)
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This lack of understanding or mental self-limitation exists only for a moment , but because of its duration , it seems constant like a river . It seems real because it covers up reality, but when you try to feel for it, you don't find anything…… (Batishteha 105)
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Misunderstanding or mental self-limitation is powerless to do anything . Just as even the most plausible depiction of a woman cannot perform the duties of a living woman, this misunderstanding or mental limitation is incapable of acting, however powerful it may seem…… (Batishteha 105)
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Lack of understanding , or mental self-limitation , is acquired by a person without effort and it seems that it contributes to pleasure , but in fact, it only causes trouble . It only creates the illusion of pleasure , completely obscuring self-awareness …… (Batishteha 105)
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The judge not only excludes any inappropriate relationships or influence from the Executive and Legislative branches of government but also does so in a way that is obvious even to an outside observer !!!…
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The independence of the judiciary is an expression of the General principle : " no one can be a judge in their own case ". This principle is also important for those involved in the dispute since society as a whole must have a basis for trust in the judicial system ……
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The court clerk must be present at any meeting of the judge with anyone . This will help avoid any future misinterpretation of what was discussed during the meeting . It will also spare the judge from the awkward position in which he may be in the case of distortion said to them !!!
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Mental limitation dies if it is not nourished by attachment to objects , but even in the absence of such attachment , it remains in its potential form !!!…… (Batishteha 105)
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Because of its proximity to the infinite consciousness , it seems to be active ; and when this infinite consciousness is realized , it (the tendency or limitation) ends !!!…… (Batishteha 105)
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It can't be said to live in a particular place , it is visible everywhere . This tendency , or limitation , is not a manifestation of intelligence , but, being based on it , has the appearance of intelligence . Although it is constantly changing , it creates the illusion of permanence … (Batishteha 105)
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Like bamboo , it is empty inside . Like the waves in a river , it doesn't die even if you cut it apart . It is impossible to master . It is thin and soft , but has the power of a sword ……… (Batishteha 104)
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Although it is perceived in its own reflections as their consequences , it is useless for the search for truth . Because of this tendency or limitation , non-existent differences are seen in the objects of this world ……… (Batishteha 104)
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Legal norms often require the application of a criterion such as the actions of a reasonable person . Judicial fact-finding , which is an important part of a judge's job , requires evaluating evidence in the light of common sense and experience …
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A judge who is completely detached from the life of society is unlikely to perform his duties effectively . Excessive isolation of a judge from the society he serves cannot be useful either for his professional growth or for the interests of society …
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Currently, the functions of judges go beyond dispute resolution . Judges are increasingly required to deal with a wide range of issues related to social values and human rights , to address complex moral issues , and to do so in an increasingly pluralistic society …
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The judge does not just enrich his knowledge of the real world ; the nature of modern law requires that the judge " live , breathe , think and come into contact with various opinions that exist in this world ”…
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When the mind devotes all its time to study and wisdom , it shakes off all limitations and returns to its original essence of pure consciousness . The mind takes the very form it reflects on , whether it is natural or developed … (Batishteha 104)
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The mind is constantly swinging like a pendulum between reality and external manifestations , between consciousness and inertia. When the mind thinks about inert objects long enough, it itself acquires the characteristics of such inertia… (Batishteha 104)
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It is necessary to destroy this with your research – Hakira Be Hezkat a-Yad ve Patish a-Sechel , as well as a firm refusal to think about objects of sense gratification - Prishut !!!… (Batishteha 104)
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When the mind is absorbed in infinite consciousness , there is peace , but when the mind is involved in thoughts , there is suffering . The very restless nature of the mind is known as incomprehension and ignorance , it is the abode of tendencies , inclinations , and limitations … (Batishteha 104)
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But when the mind loses its restlessness , it is called the dead mind , and this is both the practice and the confirmation of the Scriptures and liberation – Tikun Arih Anpin or Geula …… (Batishteha 104)
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Of course , there is no mind without worry ; worry is the very essence of mind . This work of mind is restlessness , based on infinite consciousness , manifests as this world – this is the true power of mind … (Batishteha 104)
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The judge takes an independent position in relation to society as a whole and in relation to the specific parties to the court case on which the judge must make a decision!!!!!……
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Criticism of public officials is common in a democratic state . Judges cannot expect to be free from criticizing their decisions, justifying their decisions, and conducting the case.……
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A judge must be aware of the public nature of his or her position and that he or she must not be overly sensitive or weak to criticism……
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A judge should not be influenced by any political forces, public protests, or fear of being criticized. The independence of the judiciary means independence from all forms of outside influence……
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The judge should not pay attention to whether the public, the media, government officials, or the judge's own relatives and friends like or dislike the applicable laws or parties to the proceedings………
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It is the duty of the judge to apply the law in accordance with his understanding of the law, based on an assessment of the facts, without fear or preference, without thinking about how popular the final decision will be!!!……
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A judge must exercise his judicial function independently , based solely on an assessment of the facts , in accordance with a conscious understanding of the law , regardless of any outside influence , inducements , pressures , threats , or interference , direct or indirect………
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To determine whether the judiciary is independent of the other branches of government , taken into consideration the method of appointing judges , their term of office , conditions of work , the existence of safeguards against outside pressure ……
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Judges are like lions guarding the throne , but this throne in their eyes is not occupied by the Prime Minister , but by the law and the public interest , as they understand it. It is this law and this understanding that they are true to . And this is their strength and their weakness …
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Governments follow each other, coming in like the tide and going out like the wind. They should not show loyalty to Ministers , or even the temporary loyalty required of civil servants ……
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The independence of the judiciary must be recognized and respected by all three branches of government. The judiciary, in particular, must recognize that judges are not accountable to the current government ……
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Judicial independence is also a mentality ! An individual judge may have this mentality, but if the court in which he sits is not independent of other branches of government, the judge cannot be considered independent……
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The independence of judges is not the privilege or prerogative of an individual judge . This is a responsibility that is assigned to each of the judges so that they can honestly and impartially consider the case on the basis of the law and the available evidence ……
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The independence of the judiciary is a prerequisite for ensuring the rule of law and the main guarantee of a fair trial . Consequently, the judge must uphold and implement the principle of judicial independence in its individual and institutional aspects …
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There is no way to your own salvation than to control your own mind , which means a firm decision to abandon all the aspirations of the mind. Make up your mind to kill the mind , which is easy to do , without any doubt …… (Batishteha 103)
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By intense effort , it is possible to conquer the mind , and then, without the slightest effort, the individual consciousness dissolves into the infinite consciousness , and its individuality is interrupted …… (Batishteha 103)
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Victory over the Goblin of the mind is possible only when self-knowledge is achieved through one's own efforts and the desire for what the mind regards as pleasure is abandoned . This is easy to achieve without any effort at all , putting it in the right place …… (Batishteha 103)
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Public confidence in the judicial system , as well as in the authority of the judicial system in matters of morality , integrity and integrity of the judiciary , is of paramount importance in a modern democratic society !!!……
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They should also take direct care that their impartiality is not influenced by any other connections – professional , commercial , personal , or otherwise ………
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Judges should not base their opinions on the opinions expressed in Parliament or make decisions on cases in order to win approval or avoid censure from Parliament .……
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No matter how vague it may be , no matter how difficult it is to formulate its meaning , the desire for the rule of law lives in the hearts of all men and women . The realization of this aspiration depends on how competently and impartially the judges apply the law ………
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The reason why the independence of the judiciary is so important to society is that a free society exists only as long as it is governed by the rule of law , which restricts both those who rule and those who are ruled ………