Sunday, 2 December 2012

judicial independance: you cant take a judge to court


2  JUDICIAL INDEPENDENCE
2.1  Judicial independence is sometimes mistakenly perceived as a privilege enjoyed by judges,
whereas it is in fact a cornerstone of our system of government in a democratic society
and a safeguard of the freedom and rights of the citizen under the rule of law. The
judiciary, whether viewed as an entity or by its individual membership, is and must be
seen to be, independent of the legislative and executive arms of government. The
relationship between the judiciary and the other arms should be one of mutual respect,
each recognising the proper role of the others. Judges should always take care that their
conduct, official or private, does not undermine their institutional or individual
independence, or the public appearance of independence.
2.2  The judicial oath provides:
“I will do right to all manner of people after the laws and usages of this Realm, without
fear or favour, affection or ill-will.” In taking that oath, the judge has acknowledged that
he or she is primarily accountable to the law which he or she must administer.
2.3  The oath plainly involves a requirement to be alert to, and wary of, subtle and sometimes
not so subtle attempts to influence judges or to curry favour. Moreover, in the proper
discharge of duties, the judge must be immune to the effects of publicity, whether
favourable or unfavourable. That does not of course mean being immune to an awareness
of the profound effect judicial decisions may have, not only on the lives of people before
the court, but sometimes upon issues of great concern to the public, concerns which may
be expressed in the media.
2.4  Consultation with colleagues when points of difficulty arise is important in the
maintenance of standards. In performing judicial duties, however, the judge shall be
independent of judicial colleagues and solely responsible for his or her decisions.





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