Dlaczego zmęczenie decyzyjne może być zagrożeniem dla niezawisłości sędziego?

It is judicial independence which is one of the most important constitutional principles envisaged to ensure the proper functioning of the judiciary, and thus the entire political and legal system. Studies of judicial decision-making conducted by psychologists suggest that judicial independence may be compromised not only by external pressures, but also by the influence of unconscious, internal factors over which judges have no control. It is submitted that the phenomenon of depletion of ego among judiciary plays a special role, as its negative impact on the decision of judges has been observed against the backdrop of decisions centered around the theme of premature release from prison. The principle of judicial independence, on account of its significance, obliges all public authorities to provide the best conditions for its implementation and protection. Therefore, it is not unreasonable to impute a duty on the authorities and officials to neutralize the potentially harmful impact of internal threats plausible to be identified during the course of decision making.