ความคุ้มกันของผู้พิพากษาใน ประเทศสหรัฐอเมริกา

Abstract

The seperation of powers, an important rule in Democratic system, has been created to protect the abuse of the power. By the groung rule, the sovereign power belongs to the people. The power shall be exercised by three different organizations. Then, the Legislative power, the Executive power and the Judicial power shall be used by the National Assembly, the Council of Ministers, and the Courts in order. Moreover, to prevent one branch to becoming supreme, the seperation of power need a measure to balance each of these branchs. The checks and balances rule is designed to allow each branch to restrain abuse by another branch. There is often an independent judiciary. The Judicial power might get stucked if an over checking and an intervention have been done by other branches. Therefore, Judicial Immunity, a form of legal immunity which protects judges by the judiciary from lawsuits brought against them for official conduct in office, is an important rule to protect the freedom of Judicial power. This rule was created in England and has been used in the United States for a long period of time. However, the over range of Judicial Immunity might course much effect to people. Therefore, Judicial Immunity must not make a conflict to Due process of law.