Judges

This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United Nations Human Rights Commission (UNHRC) endorsed the above principles, considered amongst common and civil law jurisdictions as the authoritative statement on the values that should inform judicial conduct.

Judges must be independent and impartial. Independence means a judge should not take any instructions from anyone or be influenced in any way in determining any matter by anyone. Impartiality means that a judge should treat the parties before him equally, providing them with equal opportunity to say their side of the story. He should have no personal interest in the outcome of the case.

Every judge is a product of his time. It is through this prism that his objectivity must be assessed and critiqued. The purpose of objectivity is to be dispassionate. This objectivity is not always easy, but it is attainable.

Similarly, the primary function of a judge is to dispense justice. It has always been a revered principle of liberty and freedom that judges are no respecters of persons but the Law, ever vigilant to ensure that any governmental action is justified. Today’s judge is required to give effect to the values of a pluralistic society that cherishes democracy, human rights, tolerance and diversity. This book exemplifies these values.