Which aspect is considered essential for institutional independence of the tribunal?

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 essential aspect for the institutional independence of a tribunal revolves around the principle of judicial control over court proceedings. This independence is critical to ensure that judges can make decisions free from external pressures, including influence from the executive branch or other government entities. Judicial control allows courts to operate autonomously, reinforcing the idea that justice is administered impartially and fairly, without interference from outside forces.

Having judicial control means that the tribunal itself determines the rules and procedures governing its proceedings, upholding the integrity of the judicial process. This independence helps maintain public confidence in the judiciary, as the perception of a fair and unbiased legal system is fundamental to the rule of law.

In contrast, the other options can have implications on tribunal independence but do not inherently support it in the same way. For example, public access to court records is important for transparency and accountability but does not directly ensure independence in how cases are handled or decided. The nomination of judges by the executive might create potential conflicts of interest or pressures that can compromise independence. Similarly, automatic assignment of judges may help in efficiency but does not necessarily safeguard the judges from external influences or uphold the fundamental tenet of judicial autonomy.

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