Role of the Courts and the Importance  
of Judicial Independence

Pennsylvania, has three branches of government — 

While judges are elected officials, they must 

Executive, Legislative and Judicial — each with an ability to 
check the other from becoming too powerful. We call it a 
system of “checks and balances.”

remain neutral and impartial in order for the 
courts to fulfill their role. They must make 
decisions fairly, based on only facts and the 
law, without giving favor to either side.

When they make rulings, judges must 
examine the law and study past court cases 
that have interpreted or applied the law. They 
must look at the law in the context of the 
federal and state constitutions. If a law, no 
matter how popular, is unconstitutional, the 
judge must strike it down.

Why Judicial  
Independence matters

Judges must withstand the pressure 
of political and public opinion and make 
decisions they believe are legally correct 
and in accordance with the law and the 
constitution.

Sometimes politicians or political activists 

criticize judges because judges fail to rule 
their way—or according to popular opinion—
on controversial cases. 

There will always be decisions by the courts 

that some people will disagree with. It is fine 
to criticize a judge’s opinion or to differ with 
it. In a democracy, everyone has that right. 
But to threaten judges with retribution for not 
ruling in a certain way, or threatening to strip 
the powers of the court because someone 
disagrees with a ruling is not appropriate. 
It threatens the ability of judges to perform 
their duties fairly, and attacks our system of 
government.

THREE COEQUAL BRANCHES

JUDICIAL 
BRANCH 

EXECUTIVE 
BRANCH 

LEGISLATIVE 
BRANCH

The Pennsylvania courts:
•  Protect our rights and freedom by upholding the 

constitution, ensuring that there is no overreach from 
the executive or legislative branches of government. 

•  The courts also strike down laws that are 

unconstitutional and those that infringe on civil rights.

The Legislature can:
•  Check the courts by rewriting laws the courts 

have ruled unconstitutional to make those laws 
meet the standards of the constitution. 

•  Legislators also can change the constitution by 

passing amendments. 

The Executive Branch:
•  The Executive Branch is charged with enforcing the 

laws. 

•  On the state level, executive branch officials include 

the Governor, the Attorney General, the State 
Police, and other administrative officials. 

•  On the local level, the executive branch would 
include a county executive or local mayor.