judicial impartiality Flashcards
judicial impartiality: A
-anonymity
-judges generally operate away from the public eye and rarely speak publicly on issues of law
-senior judges are expected to avoid being drawn into open defence of their rulings, or open criticism of those in government
judicial impartiality: PA
-political activity
-judges aren’t supposed to campaign on behalf of a political party/pressure group
-they have the right to vote but their political views shouldn’t be a matter of public record
judicial impartiality: LJOJ
-legal justification of judgements
-the fact that senior judges are expected to explain how their decisions are rooted in law makes it less likely that their decisions will be based on personal opinions
why is judicial independence and impartiality important?
-they can uphold the rule of law without fear of repercussions
-they can review the actions of public officials in accordance with the rule of law
-they can interpret statutes in accordance with the HRA
judicial impartiality: HLT
-high level training
-judges are part of a profession that is highly trained and regulated by the law society
-elevation to the bench would suggest an ability to put personal bias to one side
-additional guidance and training can be offered or required where concerns exist