Britain is now a secular society, he said, and religion has no special privilege beyond what it is granted by human rights legislation. This was widely reported as claiming that the law no longer has any business enforcing morality.
If judges carry out their function ethically, and are furthermore perceived to do so, the public will have confidence in judicial institutions and respect and abide by their decisions.
The establishment of public confidence is particularly essential for international courts, many of which are still young and remain unfamiliar to the average person. International courts may also suffer from a lack of support — both political and financial — on the part of states falling within their jurisdictions or belonging to the institutions that created the courts in the first place.
While notions of judicial ethics do not tend to vary much from the national to the international domain, international judges may face challenges rarely experienced by their national counterparts.
Serving on a part-time basis — a common arrangement for international judges — poses the issue, for example, of what kind of secondary work is compatible with judicial duties. International benches also bring together judges from different legal traditions, which may have disparate views on various kinds of courtroom behavior.
The diversity of the international judiciary thus requires that special attention be paid to judicial behavior and its perception.
Given the importance of ethical behavior to the international judiciary, the Center has accorded a central place to its exploration in the various programs it designs for this professional group. Each Brandeis Institute for International Judges has devoted a lengthy session to topics touching upon judicial independence, impartiality, conflicts of interest, and other relevant issues.
These sessions are often characterized by lively debate, as judges attempt to define and agree upon their own duties and responsibilities. The relevant report excerpts are linked below PDF: Pre- and Post-Judicial Service Considerations for International Judges BIIJ - A discussion of the potential impact of past professional activities on international judicial service and, in turn, how this service may affect future employment after judges leave an international court or tribunal.
Challenges to Judicial Independence BIIJ — What are the challenges of working under the gaze of a public that holds judges to the highest standards of behavior and criticizes any deviation — real or perceived — from the ideal?
Integrity and Independence — the Shaping of the Judicial Persona BIIJ — An examination of the need for judicial independence and integrity on international courts and tribunals, and a discussion of the impact of these concerns on members of the international judiciary.
The Judiciary as a New Moral Authority? Toward the Development of Ethics Guidelines for International Courts BIIJ — Ethics guidelines for international courts and tribunals in two areas, developed through a one-day workshop:ABA BEST SELLER LIST Model Code of Judicial Conduct ( Edition) The Model Code of Judicial Conduct is intended to establish standards for ethical conduct of judges, provide guidance to judges and candidates for judicial office and provide structure for regulating conduct through disciplinary agencies.
AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion December 8, Independent Factual Research by Judges Via the Internet Easy access to a vast amount of information available on the Internet exposes judges to potential ethical problems.
integrity of the judiciary, and avoid impropriety and the appearance of impropriety.” The title of Rule , “Promoting Confidence in the Judiciary,” is simply a more down-to-earth expression of the idea of preserving the “sacredness” of the judiciary. Judges independence and the constitution. -judges have great discretion that should be used without bias.
-like the rest of us, judges are grounded in their personal ethical belief system. -implementation of law (as with creation of law) can be a political process (note: firing of U.S.
Attorneys). Elected judges are not alone in having to deal with politics and politicians throughout their careers. This Essay discusses the ethical implications of judicial contacts with politics in states in which judges are appointed and reappointed for limited terms through the political process.
guaranteed by the Constitution would be enforced by judges who were independent of the executive was something found in no other system of government at that time.