What does the term 'institutional independence' refer to in the context of procedural fairness?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The term 'institutional independence' in the context of procedural fairness primarily refers to the impartiality of the decision maker. This concept emphasizes that decision makers, particularly within judicial or quasi-judicial bodies, must operate free from biases, preconceptions, and influences that could compromise their ability to make fair and just decisions.

In the realm of procedural fairness, it is crucial that all parties perceive the decision-making process as impartial to maintain confidence in legal institutions. When decision makers are viewed as independent, it reinforces the legitimacy of the process and helps ensure that all individuals receive fair treatment under the law. Impartiality is a cornerstone of procedural fairness, as it directly impacts the integrity of the decisions rendered.

The other choices do touch on aspects of governance and fairness, but they do not align specifically with the definition of institutional independence as it pertains to the objectivity required for fair decision-making within judicial processes. For example, while the separation of different branches of government does pertain to institutional arrangements that prevent the concentration of power, it does not directly address the impartiality of the individual decision makers involved in judicial processes. Similarly, while freedom from external influences is related, the focus on the decision maker's impartiality sharpens the understanding of institutional

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