ALRAQABA . ISSUE 18 23 legal equality between all people without discrimination for any reason. Nevertheless, in cases where the judicial competency is transferred, under a legislative amendment, to a court that offers more guarantees for the defendant, such a transfer does not constitute a violation of the judicial authority. Transferring the competency of hearing the case to a higher court does not breach the defendant’s right to resort to their natural judge. In fact, forming this court provides more guarantees for the defendant compared to the original court, considering that higher courts have more experienced judges with seniority. Also, this court has a higher degree in terms of the judicial hierarchy and includes more judges than the original court. In general, a new judge is always better for the defendant whenever their intervention provides more protection and judicial oversight over procedures. Also, changing the competency opens up the door for appeals before another higher court. All of the aforementioned is applied provided that the guarantees offered to the defendant before their new judge are not less – if not more – than the ones they had before their original judge. Third: The court must possess all the guarantees that ensure a fair trial for the defendant All judges must be independent and impartial. The court must be formed by judges who are specialized in judicial work, and they can not be revocable since they are the protectors of rights and liberties. In addition, judges must have scientific and practical competency that enables them to fully understand the law both in text and spirit, which demands that they have a high degree of knowledge, legal qualifications, and judicial training so that they can discern the legal positions of litigants in the cases presented before them. Furthermore, a judge must be fully independent in his/her job, away from any pressure or lobbying. The impartiality and independence of judges are the basic guarantees of people’s rights. In fact, judges’ seeking public interest and staying away from personal interest, external pressure, or personal whims that affect their judgment is considered the cornerstone of any judicial system. There is no doubt that when court members fully enjoy elements of impartiality and independence, it guarantees a fair trial for all people, where they will enjoy all constitutional and legal guarantees available to them. International covenants and agreements and modern constitutions have been keen on confirming the independence of judges and making sure that they are only subject to the law, and in turn, the State, its institutions, and its people are all subject to the law. Confirming these principles, the First Justice Conference concluded that the natural court is tasked with two things: 1.The court must be defined by abstract Legislations
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