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Journal articles on the topic 'Judicial ethics'
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Achode, Lydia. "Judicial Ethics: A Key Tenet to Legal Ethics." Strathmore Law Journal 6, no. 1 (November 17, 2022): 257–67. http://dx.doi.org/10.52907/slj.v6i1.183.
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Judicial ethics are arguably one of the most important aspects of legal ethics Values of legal ethics such as decorum, dignity, courtesy, and rationality that were emphasized by the late but still foremost scholar of professional legal ethics, Deborah Rhode, readily apply to the judicial context.. Related to these values, judicial ethics ensures that three important attributes or three ‘Is’ characterise the judicial process and the conduct of judicial officers: independence, impartiality and integrity. Adherence to these three principles of judicial ethics is key in securing the administration of justice, professional discipline in the judiciary, and public confidence. This article therefore takes the view that the competence of judges not only includes their academic qualifications but their possession of qualities necessary to fulfil the three Is and other standards of ethical judicial conduct. Moving from this understanding, the article analyses how judicial ethics, as a derivation of legal ethics, shapes the role of judges and, further, how Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations integrates established principles of judicial ethics. From this analysis, the author argues that judicial ethics are inseparable from judicial competence and that Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations effectively reflect the necessary principles of judicial ethics. Thus, continued enforcement of the judicial Code of Conduct and Ethics is essential to safeguarding judicial ethics in the Kenyan judiciary.
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Šimonis, Mindaugas. "The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation." Baltic Journal of Law & Politics 10, no. 1 (June 1, 2017): 90–123. http://dx.doi.org/10.1515/bjlp-2017-0004.
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Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
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Asrun, Andi Muhammad. "Judicial Corruption as a Violation of Professional Ethics." International Journal of Professional Business Review 8, no. 2 (February 16, 2023): e01125. http://dx.doi.org/10.26668/businessreview/2023.v8i2.1125.
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Purpose: The purpose of this study is to present some ethical issues facing the Indonesian judiciary by exploring the usefulness of judicial codes of ethics. The ethical crisis of judges occurred at a time when judicial independence was strong post the amendment of the 1945 Constitution. The judicial crises triggered uncertainty and pessimism about judicial accountability Theoretical framework: Legal literature states that fair, honest, and impartial legal processes cannot be separated from that of an independent judiciary [Shugermann, 2010: 1061]. The independence and impartiality of the court as one of the ten minimum conditions for creating a constitutional society. Design/methodology/approach: In this study, the author conducted normative legal research. This method helps examine the juridical standards contained in laws and court decisions. Furthermore, library research was conducted to obtain data from primary, secondary, and tertiary legal materials. Findings: Despite the judiciary gaining strong independence following the amendments of the 1945 Constitution in 2001–2002, unfortunately, the judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. Research, Practical & Social implications: We hope that this research can bring awareness and increase adherence to the code of ethics of the judicial profession. Originality/value: It is hoped that the ideas and issues raised in this paper will help the judiciary recognize the importance of developing, maintaining, and, most importantly, honouring a code of ethics in keeping with the ethical obligations of the judicial office.
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Ajvaz, Sladjan. "Judicial ethics." Poslovna ekonomija 9, no. 1 (2015): 419–40. http://dx.doi.org/10.5937/poseko1501419a.
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Povorova, Elena A. "Judicial Independence: Ethics and the Media." Zakon 20, no. 11 (November 2023): 164–72. http://dx.doi.org/10.37239/0869-4400-2023-20-11-164-172.
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The image of the judiciary has an independent value characteristic. In the case of the formation of social representations by the judiciary, we are talking about legal meanings, the legal form of perception of reality through the implementation of judicial information policy, the presentation of the judicial community in the public space, the actions of judges and their public assessment by the judicial community itself and the society as a whole. Mediatisation of social space and the judiciary emphasises issues that seem to be related to the private sphere of a judge’s life – that is, his participation in social networks. The society is interested in the ethics of a judge from the point of view of the possibility of making higher demands to the bearer of power. But to what extent it is justified and whether ethics in general changes in the postmodern society are questions, the answers to which may affect the further development of the judiciary as an institution and its legitimisation in society.
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Burdina, E. V. "New Approaches to Understanding Judicial Ethics in the Information." Pravosudie / Justice 2, no. 3 (September 22, 2020): 12–32. http://dx.doi.org/10.37399/2686-9241.2020.3.12-32.
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Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.
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Burdina, E. V. "New Approaches to Understanding Judicial Ethics in the Information." Pravosudie / Justice 2, no. 3 (September 22, 2020): 12–32. http://dx.doi.org/10.37399/2686-9241.2020.3.12-32.
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Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.
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Appleby, Gabrielle, and Alysia Blackham. "THE SHADOW OF THE COURT: THE GROWING IMPERATIVE TO REFORM ETHICAL REGULATION OF FORMER JUDGES." International and Comparative Law Quarterly 67, no. 3 (May 28, 2018): 505–46. http://dx.doi.org/10.1017/s0020589318000143.
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AbstractIn recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.
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Pitel, Stephen GA, and Michal Malecki. "Judicial Fundraising in Canada." Alberta Law Review 52, no. 3 (June 12, 2015): 519. http://dx.doi.org/10.29173/alr22.
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The extent to which judges should be involved in fundraising for civic and charitable causes is an important issue of judicial ethics. The default principle adopted by judicial councils in Canada precludes judges from fundraising subject to only minor exceptions. Yet anecdotal evidence indicates that some Canadian judges do engage in fundraising. This raises the question of whether there should be a change to the principle so as to allow judges greater scope for fundraising activities. The aim of this article is to review the ethical principles for judicial fundraising and evaluate whether they require modifications for the modern Canadian judiciary. The authors consider several hypothetical fundraising scenarios and propose recommendations to the Canadian Judicial Council’s <i>Ethical Principles for Judges</i>.
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Snidevych, O., and O. Khotynska-Nor. "Judicial ethics as a component of professional ethics of a member of the Supreme Council of Justice." Uzhhorod National University Herald. Series: Law 3, no. 75 (April 11, 2023): 118–22. http://dx.doi.org/10.24144/2307-3322.2022.75.3.19.
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In the article, the authors set the goal of investigating the meaning of the judge's ethics in the context of the formation of the professional ethics of the members of the High Council of Justice.Such interest is determined by the constitutional status of the High Council of Justice. It is a body responsible for ensuring the independence of the judiciary, as well as the formation of an honest and highly professional body of judges. This global mission determines a number of necessary transformations of the status of a member of the High Council of Justice, the content of which at the present stage has a pronounced ethical component.Systematically analyzing the provisions of the legislation, the authors draw attention to the fact that in the absence of their own "code of ethics", the only tool that guides the members of the HCJ in the matter of compliance with their professional ethics is the norms of judicial ethics. This is due to the legislative provision, according to which members of the Supreme Council of Justice in their activities and beyond must adhere to the ethical standards established for judges (part seven of Article 20 of the Law of Ukraine "On the High Council of Justice").For members of the HCJ, the standards of judicial ethics serve as an instruction, guidance, prevention, as well as a regulator of behavior. In addition, they serve as a tool for disciplining members of the HCJ. This follows from Article 24 of the Law of Ukraine "On the High Council of Justice", which provides such grounds for the dismissal of a member of the High Council of Justice as gross or systematic neglect of duties, which is incompatible with the status of a member of the High Council of Justice or showed his incompatibility with the position held, the admission of other behavior that undermines the authority and public trust in justice and the judiciary, including non-compliance with the ethical standards of a judge as a component of the professional ethics of a member of the HCJ.As a result, a number of conclusions were drawn: 1) the professional ethics of a member of the HCJ currently does not include its own formalized rules of conduct. The standard of ethics of a judge, which are actually the norms of professional ethics of a member of the HCJ; 2) the professional ethics of a member of the HCJ exerts a regulatory influence both on the professional sphere of activity of the member of the HCJ and on his personal life; 3) the regulatory nature of the norms of judicial ethics extends not only to judges, but also to other persons responsible for ensuring the independence of the judiciary in the state, in particular, members of the High Judicial Council.
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Gomes, Eduardo Biacchi, Andréa Arruda Vaz, and Sandra Mara de Oliveira Dias. "Limites Éticos para o Uso da Inteligência Artificial no Sistema de Justiça Brasileiro, de Acordo com a Lei 13.709 de 2018 (LGPD) e Resoluções 331 e 332 do Conselho Nacional de Justiça." REVISTA INTERNACIONAL CONSINTER DE DIREITO 13, no. 13 (December 21, 2021): 107–24. http://dx.doi.org/10.19135/revista.consinter.00013.04.
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This research analyzes how artificial intelligence has been applied by the Judiciary in Brazil. What ethical limits should be established and observed in the implementation of Artificial Intelligence before the Resolutions of the CNJ, n. 331 that established the National Database of the Judiciary – DataJud, n. 332 that provides for ethics, transparency and Governance in the production and use of Artificial Intelligence in the Judiciary and Law 13,709 of 2018 that regulates data protection in Brazil. It is concluded that based on the Ethics on the use of Artificial Intelligence in Judicial Systems (CEPEJ), based on Articles 5, XXXVII and LIII, Article 93, IX of the CF/88, Article 20 of 13,709/2018 (LGPD) and Resolutions 331 and 332/2020 of the CNJ point to the need for human supervision in judicial decisions that use artificial intelligence in observance of the right of explanation and review. There are ethical limits to be observed in the production and use of Artificial Intelligence to avoid the bias and opacity of data that may contaminate judicial decisions from absolute nullity. Deductive method and bibliographic technique are used for the production of this article.
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Strogovich, Mikhail S. "Judicial ethics, its subject and essence." Gosudarstvo i pravo, no. 2 (2022): 140. http://dx.doi.org/10.31857/s102694520018858-4.
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The article analyzes the problems of judicial ethics as a science of the application of moral norms, morality in the specific conditions of judges, prosecutors, investigators and lawyers, the imple-mentation of moral principles and requirements in the investigation and resolution of criminal cases, critically assesses opinions on the allocation of “professional morality” and specific moral norms for lawyers. The author proposes to divide judicial ethics into General and Special parts; the first covers gen-eral theoretical questions about the nature of this science, methods of investigating judicial and ethical problems, etc.; the second - ethical issues of the activities of the main subjects of criminal proceedings: judges, prosecutors, investigators, lawyers. At the same time, two sets of issues are integrated into the subject of judicial ethics: the moral foundations of procedural norms and the moral ways of their application in the investigation and resolution of criminal cases.
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Sedley, Stephen. "Judicial Ethics in England." Legal Ethics 6, no. 1 (January 2003): 29–33. http://dx.doi.org/10.1080/1460728x.2003.11424175.
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Ružić, Gorana. "The professional judicial ethics." Glasnik Advokatske komore Vojvodine 82, no. 9 (2010): 247–60. http://dx.doi.org/10.5937/gakv1006247r.
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KONDRATOVA, І. D. "CONCEPT OF JUDICIAL ETHICS AND ITS CORRELATION WITH THE CATEGORY “JUDICIAL ETHICS”." Scientific Journal of Public and Private Law, no. 3 (2020): 213–18. http://dx.doi.org/10.32844/2618-1258.2020.3.37.
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Damaitu, Emanuel Raja, and Christian Adam Kautsar. "Penguatan Kekuasaan Kehakiman di Indonesia Melalui Peradilan Etik." Jurnal Kajian Konstitusi 3, no. 2 (December 29, 2023): 202. http://dx.doi.org/10.19184/j.kk.v3i2.45059.
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Abstrak:Hakim sebagai salah satu aparat penegak hukum yang menjadi ujung tombak keadilan di masyarakat ketika terjadi sebuah sengketa harus memegang teguh etika dan moralitas. Peradilan dan etika adalah dua kata yang bisa dibedakan, tetapi tidak bisa dipisahkan. Untuk menjaga kepercayaan publik (public confidence) terhadap profesi hakim, baik itu hakim negara bagian maupun hakim federal dan institusi peradilan di Amerika Serikat, setiap ada pelanggaran terhadap Code of Judicial Conduct akan dilakukan tindakan disipliner dan bahkan pemberhentian hakim yang telah terbukti berperilaku tidak pantas tersebut. Penegakan kode etik hakim di Italia dilakukan oleh asosiasi hakim (dan jaksa) secara internal. Keberadaan peradilan etik pada akhirnya akan semakin memperkuat kekuasaan kehakiman dan kebijaksanaan peradilan sebagai lembaga yang menyelesaian sengketa di masyarakat.Kata Kunci: Kekuasaan Kehakiman; Peradilan Etika; Perbandingan Hukum.
Abstract:Judges as one of the law enforcement officers who spearhead justice in society when a dispute occurs must uphold ethics and morality. Judiciary and ethics are two words that can be distinguished, but cannot be separated. In order to maintain public confidence in the profession of judges, both state judges and federal judges and judicial institutions in the United States, every violation of the Code of Judicial Conduct will be subject to disciplinary action and even dismissal of judges who have been proven to have behaved inappropriately. Enforcement of the code of ethics of judges in Italy is carried out by associations of judges (and prosecutors) internally. The existence of an ethical court will ultimately further strengthen judicial power and judicial policy as an institution that resolves disputes in society.Keywords: Judicial Power; Justice Ethics; Comparative Law.
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Yashina, Anna A. "The Role of the Judicial Community for Ensuring Compliance with Judicial Ethics." Rossijskoe pravosudie, no. 1 (December 23, 2021): 59–66. http://dx.doi.org/10.37399/issn2072-909x.2022.1.59-66.
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The subject of the article is the theoretical and regulatory provisions in the field of ensuring compliance with the ethical principles of judicial conduct in the context of digitalization of judicial activity. Objectives of the article: to formulate an idea of the role of the judicial community in the mechanism of ensuring compliance with the ethics of judicial conduct, to identify problematic issues in the field under study; on the basis of positive foreign experience, to develop the main directions for improving the mechanism for ensuring compliance with the ethical principles of judicial conduct in the information society. To achieve these goals, traditional research methods are used. The role of the bodies of the judicial community in maintaining the rule of law, the independence of judges and the ethics of professional conduct is approved at the international and national levels of most foreign countries. Judicial associations should create conditions and provide such guarantees that judges are able to comply with the rules of conduct prescribed by ethical acts, including in the context of the information society. It is proposed to consider the mechanism for ensuring compliance with ethical principles as a system of bodies of the judicial community, as well as conditions and means that guarantee the possibility of compliance with the principles of judicial conduct. It is noted that there is a need to publish official comments on the Code of Judicial Ethics, to assist judges in interpreting its provisions, and to represent judges in disciplinary proceedings.
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Okishev, Boris A. "Ethical Problems in the Field of Legal Protection of Personal Data." Economic Problems and Legal Practice 19, no. 6 (December 28, 2023): 55–59. http://dx.doi.org/10.33693/2541-8025-2023-19-6-55-59.
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The article is devoted to issues of legal protection and protection of personal data from the point of view of philosophy and ethics; approaches to the protection of personal data in judicial practice in the Russian Federation through the prism of ethics; features of the relationship of legal protection of personal data and ethics; current judicial practice in solving ethical issues in the field of protection of protection of personal data; problems of improving legislation in terms of ethics in the Russian Federation in accordance with the legislation on personal data.
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Simon, Stephen M., and Maury S. Landsman. "Judicial Ethics Simulation Based Training." Law and Contemporary Problems 58, no. 3/4 (1995): 323. http://dx.doi.org/10.2307/1192038.
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Terhechte, Jörg Philipp. "Judicial Ethics for a Global Judiciary – How Judicial Networks Create their own Codes of Conduct." German Law Journal 10, no. 4 (April 1, 2009): 501–14. http://dx.doi.org/10.1017/s2071832200001188.
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It is not a new insight that nowadays everything and everybody seems to be globalized. This is even true with respect to the different branches of the state. We know a lot about the globalization of the executive branch and administrative law (towards a global or international administrative law) for example. Public agencies around the world are compelled to cooperate – e.g. to change information and work together on legal cases – because many problems can only be solved by a cross-border approach. The legislative branch faces the deep influence of globalization, too. National lawmakers have to respect or transform standards and rules set by international organizations such as the WTO, NAFTA or the EU. In the EU, for example, 70–80% of national legislation in the field of economic law is based on rules set by the EU. Furthermore, the question arises whether the judiciary is also remarkably influenced by globalization. Is the judicial branch, or more precisely in the international context, the national and international judiciary, yet globalized? What role does the judge play in the context of globalization?
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Gavrilenco, Natalia. "Lack professional ethics of judges - grounds for disciplinary sanctions." Journal of the National Institute of Justice, no. 3(66) (November 2023): 56–60. http://dx.doi.org/10.52277/1857-2405.2023.3(66).08.
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This article represents a scientific research that examines the importance of professional ethics within the judicial system and the role of disciplinary sanctions in maintaining its integrity. It analyzes ethical principles, the role of the judges’ code of ethics, and the mechanisms of disciplinary sanctions. Additionally, it investigates real cases in which judges have faced disciplinary actions and the impact of these cases on public trust in the judicial system. The primary objective of the research is to understand the correlation between professional ethics and the disciplinary responsibility of judges, identifying issues and proposing solutions to ensure integrity and accountability within the judicial system. The research has led to the formulation of conclusions and recommendations that could be valuable for potential legislative amendments.
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Fernandes, Andre Gonçalves. "Ética profissional , deontologia jurídica e ética judicial." REVISTA QUAESTIO IURIS 15, no. 3 (December 29, 2022): 946–86. http://dx.doi.org/10.12957/rqi.2022.48151.
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Resumocomo premissa, apresenta o trabalho profissional na realidade contemporânea e estabelece os liames entre a ética filosófica e a ética profissional e seus reflexos na práxis jurisdicional. A partir da consciência judicial e do labor jurisdicional, estuda a importância do aprimoramento ético do juiz no seio da realidade comunitária, critica a visão codificante da ética profissional e discorre sobre os principais princípios de deontologia jurídica. Pautado pelo método de pesquisa bibliográfico de textos e obras estrangeiras que são referenciais no assunto, objetiva o desenvolvimento dos aportes teóricos, práticos e epistemológicos do problema ético no campo do agir jurisdicional do magistrado, tomado como um sujeito moral e inserido numa certa ordem moral, a fim de propiciar, como resultado, o desvelamento de uma proposta de práxis em que o juiz administre a distribuição dos direitos, deveres, bens, prêmios, sanções e honrarias, em consideração final ao justo concreto historicamente situado e com base no aperfeiçoamento de seu caráter moral que implique no aprimoramento qualitativo da prestação jurisdicional.Palavras-chave: Trabalho; Ética Profissional; Deontologia jurídica; Ética judicial. AbstractAs a premise, it presents professional work in contemporary reality and establishes the links between philosophical ethics and professional ethics and their reflections on jurisdictional praxis. Based on judicial awareness and jurisdictional work, it studies the importance of the ethical improvement of the judge within the community reality, criticizes the codifying vision of professional ethics and discusses the main principles of legal deontology. Guided by the bibliographic research method of foreign texts and works that are references on the subject, it aims to develop theoretical, practical and epistemological contributions to the ethical problem in the field of jurisdictional action of the magistrate, taken as a moral subject and inserted in a certain moral order, in order to provide, as a result, the unveiling of a proposal of praxis in which the judge manages the distribution of rights, duties, assets, awards, sanctions and honors, in final consideration to the historically situated concrete fair and based on the improvement of its moral character that implies the qualitative improvement of the jurisdictional provision.Keywords: Work; Professional ethics; Legal ethics; Judicial ethics.
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Trevisani, Renato César. "ETHICS AS AN ELEMENT OF JUDICIAL SENTENCE." Nucleus 10, no. 1 (April 30, 2013): 179–88. http://dx.doi.org/10.3738/1982.2278.1178.
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Hryshchuk, Oksana. "Judicial Integrity through the Lens of Modern Social Transformations." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 6–25. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-1.
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The most important factors of building and maintaining public confidence in the judiciary are extralegal social factors are of great for. The active development of a postmodern society poses new challenges, one of them is the "post-truth" phenomenon, that gives rise to the circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief. This leads to a peculiar interpretation of the facts on social media, which doesn’t always represent the facts, but may contains their selective and non-exhaustive interpretation. Therefore, the whole traditional value system got under blow,since facts doesn’t occupy a leading position in Western democracies. The issue of spreading the post-truth in the judicial sphere, adversely affects public legal awareness and confidence in the judiciary,particularly, inciting hatred and misinformation in the media results in putting pressure on judges.Because ofthe social context and new conditions of a postmodern society, the judicial authorities and every judge nowadays must be prepared for the possible challenges related to such an environment. It seems,trere are two types of these challenges : the ones related to the integrity of the judges and those related to communication with representatives of civil society. Today integrityis associated, above all, with the virtues of the judge and the standards of ethical conduct for judges.The judge's ethical standards are enshrined in Bangalore Principles of Judicial Conduct and reflected in the Code of Judicial Ethics, which state that the exercise of the right of everyone to judicial protection sets high demands on the moral qualities of each judge. It seems that the judicial integrity may be regarded as a result of implementing ethical standards and principles in each judge's behaviour. Civil society's demand is high in terms of the judicial integrity, and it is particularly exacerbated in transitional democracies, during a period of active reformation processes, when many issues may be shifted from the political plane to the plane of judgement. Moreover, there is not enough today for a judge to be virtuous, because society demands openness of the court procedures, and therefore the problem of judicial communication is raised. As we can see, judicial authorities and judges are aware of the communication importance and are willing to communicate with civil society, in particular, most courts in Ukraine have developed communication strategies; active participation of courts and judges on social networking is in evidence. Keywords: post-truth, court, integrity, professional ethics of judges, judicial communication.
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Kanischev, V. P., R. R. Palekha, O. A. Fedotova, and I. S. Fedotov. "Judicial Ethics: Moral and Legal Aspects in the Context of a Scientifically Based Integrative Concept of Legal Understanding." Rossijskoe pravosudie 10 (September 25, 2020): 54–61. http://dx.doi.org/10.37399/issn2072-909x.2020.10.54-61.
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Judicial ethics is a complex moral and legal phenomenon that has a significant impact on the level of trust in the court, the authority of the judiciary and the effectiveness of justice. The state of judicial ethics is largely determined by the type of legal understanding that guides the judge who administers justice. The purpose of the research is to consider judicial ethics, its moral and legal aspects in the context of a scientifically based integrative concept of legal understanding. The objectives of the research are to study the moral and legal aspects of judicial ethics, the system of requirements imposed on the judge, the relationship of legal understanding with judicial ethics, identifying the «optimal» type of legal understanding that contributes to increasing confidence in the court and improving the effectiveness of justice. The work is based on an integrative methodology. The research involved such General scientific methods as logical generalizations, analysis and synthesis, system and functional approaches. The formal legal method and the method of law interpretation were used as private methods of legal science. Judicial ethics is considered as a moral and legal phenomenon that comprehensively reveals the moral and professional appearance of a judge associated with the exercise of official functions aimed at protecting the rights, freedoms and legitimate interests of various subjects of legal interaction. The effectiveness of the justice system can significantly increase if the judge has a special state of professional legal awareness based on a progressive type of legal thinking, which is represented by a scientifically based integrative concept of law understanding. This scientific platform has the most productive impact on the moral and professional Outlook of the judge, his legal awareness, psychologically positive attitude and gives real legal tools for the protection of human and civil rights and freedoms in the judicial practice of modern Russia. A judge who shares the position of a scientifically based integrative concept of law understanding and bases his professional activity on it is able to transfer the implementation of justice to a qualitatively different level, extracting the effective regulatory potential of law and providing comprehensive legal protection to various subjects of legal interaction.
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Yee, Teoh Shu, Shahrul Mizan Ismail, and Safinaz Mohd Hussein. "SOCIAL MEDIA AND ETHICAL LIMITATIONS TO MALAYSIAN JUDICIARY." UUM Journal of Legal Studies 15, no. 1 (January 31, 2024): 121–47. http://dx.doi.org/10.32890/uumjls2024.15.1.6.
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The use of social media is widely accepted as an important tool to spread information easily and quickly. Judges must read and share opinions towards current and latest information using social media. As such, compliance with the adoption and exchange of information through the responsible use of social media for joint discussions is expected from judges and judicial members. The public confidence in the judicial system will diminish if the judges display improper online conduct. Therefore, the objective of this article is to identify the ethical limitation of the judges’ capacity in using social media for the maintenance of judicial integrity. By summarizing and reviewing the existing relevant framework, this article proposes a persistent and reasonable guideline on the use of social media for the judiciary following the growing risks posed by social media. Furthermore, judges and judicial officers might better exercise extreme care while requesting and accepting friend requests, including social media postings to avoid the manifestation of safety. Local judicial ethics advisory opinions are needed to prepare revised guidelines following the changing social media features.
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Wiryanto, Wiryanto. "Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi." Jurnal Konstitusi 13, no. 4 (December 20, 2016): 720. http://dx.doi.org/10.31078/jk1342.
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The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.
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Solovyev, A. A. "Judicial Ethics in Judicial Communication: the Experience of the French Republic." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (January 13, 2024): 120–26. http://dx.doi.org/10.17803/2311-5998.2023.110.10.120-126.
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When administering justice, judges are guided by certain ethical principles. These principles also apply to judicial communication (the interaction of the court with participants in legal proceedings.The author considers foreign experience in regulating the ethical aspects of judicial communication on the example of the French Republic. Relevant provisions are contained in the Compendium of Ethical Obligations of Magistrates.The embodiment in judicial communication of such important ethical principles of magistrates’ behavior as independence, impartiality, honesty and decency, dignity, respect and attention to others, correctness and restraint is analyzed.In addition, attention is paid to the ethical issues of judicial communication before the court session, during the court session, during the meeting of judges and when making a decision.
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Firman Indra Jaya, Muhammad Idris Alfarisi, and Kurniati Alfarisi. "Peran Etika Lembaga Yudikatif Dalam Mewujudkkan Keadilan Sosial: Perspektif Politik Islam." Jurnal Ilmu Pendidikan dan Sosial 3, no. 2 (July 21, 2024): 145–54. http://dx.doi.org/10.58540/jipsi.v3i2.582.
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Social justice is one of the main pillars of Islamic teachings, which requires every individual and institution to uphold the values of honesty, integrity and justice in every aspect of life. In Muslim-majority countries such as Indonesia, Malaysia and Saudi Arabia, the judiciary plays a key role in realizing social justice. However, corrupt practices, political interference and lack of competence often hinder the achievement of true justice. This research aims to analyze the role of judicial institution ethics in realizing social justice from an Islamic political perspective. The focus of this research is on Muslim-majority countries, particularly Indonesia, Malaysia and Saudi Arabia, to identify the extent to which Islamic values are implemented in the judicial system and how this affects social justice. This research aims to analyze the role of judicial institution ethics in realizing social justice from an Islamic political perspective. The focus of this research is on Muslim-majority countries, particularly Indonesia, Malaysia and Saudi Arabia, to identify the extent to which Islamic values are implemented in the judicial system and how this affects social justice. The results of this research provide recommendations for increasing the role of ethics in the judicial system in Muslim-majority countries in order to realize true social justice. Steps that need to be taken include systemic reforms to increase transparency and accountability, as well as strengthening legal education based on Islamic values.
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Zagurskyy, Oleksandr. "Ensuring compliance with ethical standards of judicial activity under martial law." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, no. 15(27) (June 16, 2023): 98–105. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.98-105.
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Purpose. Formulate copyright approaches to understanding the legal basis basis of the mechanism for ensuring compliance with ethical standards of judicial activity through the prism of judicial policy in the field of effective administration of justice. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. The study recognizes that there is a variety of approaches to the interpretation of the legal framework of ethical standards of judicial activity in the paradigm of implementation of judicial policy in the area of effective administration of justice and proper guarantee of the right to a fair trial. At the same time, a judge is obliged to comply with the rules of judicial ethics, including to demonstrate and maintain high standards of behavior in any activity in order to strengthen public confidence in the court, to ensure public confidence in the integrity of judges. Compliance with ethical standards and demonstration of compliance with ethical standards is an integral part of the work of judges. Originality. The study has established that judges constitute a special body of the legal profession, which, as holders of judicial power, is entrusted with an extremely important systemic and social mission. This is due to the fact that the powers entrusted to them are closely related to such universal values as justice, freedom and equality. Therefore, the public interest in maintaining public confidence in the judiciary obliges the legislator to establish certain ethical requirements for judges. Practical significance. The results of the study can be used to develop provisions, conclusions and recommendations on the state judicial policy in the field of administration of justice, to improve the level of relevant state decision-making in this area, and also to further improve legislation in the field of the judiciary.
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Matos, José Igreja. "The globalisation of the Judicial Power – context and challenges." UNIO – EU Law Journal 4, no. 1 (January 4, 2018): 45–50. http://dx.doi.org/10.21814/unio.4.1.5.
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Judicial Independence today is facing, particularly in Europe, new threats emerging from populist political regimens. After a structural analysis of the main constraints to the upholding of an independent judiciary, some indications are listed, in a very brief note, to better affirm, at the level of the judiciary, the values of Democracy and Rule of Law, assuming an “ethics of practical responsibility”.
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Ningsih, Wahyu, Rohmadi Rohmadi, and Masril Masril. "HUBUNGAN KEWENANGAN ANTARA MAHKAMAH AGUNG DAN KOMISI YUDISIAL TERHADAP PENGAWASAN ETIKA HAKIM DALAM PERSPEKTIF HUKUM ISLAM." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 4, no. 2 (December 8, 2019): 126. http://dx.doi.org/10.29300/imr.v4i2.2827.
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Abstract: Oversight carried out by the Supreme Court and Judicial Commission will be very closely related to the independence of judges in deciding a case. The authority of the Supreme Court and the Judicial Commission in terms of ethical oversight of judges is intended to maintain and uphold the honor, dignity, and behavior of judges. From the results of the study found that the relationship between the authority of the Supreme Court and the Judicial Commission on the ethical supervision of judges must not exceed the authority regulated by the Act. The authority of the Supreme Court in following up the judicial ethics oversight report by the Judicial Commission, namely if the Supreme Court considers it appropriate or not, the Supreme Court notifies the Judicial Commission. In Islamic law supervision is carried out structurally operationally by the judicial institution Qadi al-Qudat and spiritually by Allah SWT.Keywords: Oversight; Authority; Supreme Court; Judicial Commission; Judge.
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Córdoba Baviera, Alfonso. "Judicial ethics in the regulation of marriage equality." Revista Pensamiento Americano 9, no. 17 (July 1, 2016): 67–85. http://dx.doi.org/10.21803/penamer.9.17.360.
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Романовская, Ольга, and Olga Romanovskaya. "Code of Judicial Ethics and disciplinary responsibility of judges." Advances in Law Studies 1, no. 5 (November 1, 2013): 259–65. http://dx.doi.org/10.12737/2068.
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This article discusses the meaning and content of the Code
of Judicial Ethics, approved by the All-Russian Congress of Judges
VIII December 19, 2012. Considered the Bangalore Principles
of Judicial Conduct, and their influence on the formation of the
Constitutional Court of the Russian Federation regarding the role
of the Code of Judicial Ethics in the system of legal acts of the
Russian Federation. The article examines the nature of disciplinary
responsibility of judges, draws conclusions about the need to
strengthen the role of the Code of Judicial Ethics, which should
unreservedly recognized as a normative act, which has full legal
force.
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Yashina, А. А. "Ethics of Judges Behavior in Social Networks." Rossijskoe pravosudie 4 (March 24, 2020): 40–47. http://dx.doi.org/10.37399/issn2072-909x.2020.4.40-47.
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The subject of the article is the ethical problems of judges using social networks in modern conditions, as well as the issues of normative regulation of the topic in foreign countries. The purpose of the article: to formulate an idea about the basics of judges' participation in social networks,to identify problematic issues of judges' use of media technologies; to develop the most preferable variants of judges' behavior in social networks and blogging on the basis of positive foreign experience. To achieve these goals, traditional research methods are used. Understanding the basic principles of using social networks provides a broader understanding of their unique nature and the risks associated with them. Ethical standards of conduct governing the conduct of judges in official and non-official activities largely extend to the participation of judges in social networks. It should be noted that the creators of ethical acts have not taken the ethical dilemmas of judicial conduct related to the participation of judges in social networks into account. Now, the bodies of the judicial community have not developed any centralized regulation prescribing the rules of conduct of judges in networks. The current code of judicial ethics of the Russian Federation (hereinafter the Code) does not regulate these issues. Should judges be banned or allowed to register on social networks? What are the benefits and risks to judicial conduct associated with the use of social networks? Is it legitimate to discuss professional issues? Is there a need to develop and adopt special Guidelines for judges and court staff on the use of social networks, or to amend the code of ethics? The proposal on the need to develop and adopt Guidelines (Instructions) on the use of social networks by judges and the court apparatus is formulated.
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Rosas Villicaña, Rosa María. "Judicial ethics in Ibero America- towards a perspective of gender and modernity." Sociology International Journal 7, no. 4 (August 17, 2023): 211–16. http://dx.doi.org/10.15406/sij.2023.07.00345.
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Some of the great challenges facing judicial ethics are directed towards technological advances and inequalities faced by the administration of justice and that must be addressed from Judicial Ethics to strengthen the efficiency, effectiveness and legitimacy of justice institutions and renew the foundations of organizational culture, therefore, these issues are addressed from a deductive methodology and with a gender perspective, also taking up for this analysis, the Twenty-third opinion, of February 21 of this year, of the Ibero-American Ethics Commission Court on the proposal for a partial reform of the Ibero-American Code of Judicial Ethics. Speakers: Maria Thereza Rocha de Asisis Moura, Octavio A. Tejeiro Duque and David Odóñez Solís (CIEJ, Opinions nd).
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Boast, Richard. "Lawyers, Historians, Ethics and the Judicial Process." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 87. http://dx.doi.org/10.26686/vuwlr.v28i1.6090.
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The calls on an advocate's loyalty in court are several and sometime's conflicting. In this article Richard Boast observes that in tribunals, and particularly the Waitangi Tribunal, these conflicts are often magnified. He then proceeds to critique, partly from his own experiences, the role of both lawyers and historians in such a forum, concluding that the increased tensions are largely due to changes in the procedures in the Tribunal incident on the pressure from clients to see their causes vigorously pursued.
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Mortensen, Reid, and Richard Devlin. "Special issue: the ethics of judicial appointments." Legal Ethics 20, no. 1 (January 2, 2017): 1–3. http://dx.doi.org/10.1080/1460728x.2017.1348003.
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Anleu, Sharyn Roach, Kathy Mack, Jennifer Elek, and David Rottman. "Judicial Ethics, Everyday Work, and Emotion Management." Journal of Law and Courts 8, no. 1 (March 2020): 127–50. http://dx.doi.org/10.1086/703700.
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Rasyid, Usman, Novendri Mohamad Nggilu, Fence Wantu, Julisa Aprilia Kaluku, and Ahmad Ahmad. "Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power." Jambura Law Review 5, no. 2 (July 31, 2023): 386–413. http://dx.doi.org/10.33756/jlr.v5i2.24239.
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Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.
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Suparto, Suparto. "THE COMPARISON BETWEEN THE JUDICIAL COMMISSION OF THE REPUBLIC OF INDONESIA AND THE NETHERLANDS COUNCIL FOR THE JUDICIARY." UNIFIKASI : Jurnal Ilmu Hukum 6, no. 1 (August 26, 2019): 40. http://dx.doi.org/10.25134/unifikasi.v6i1.1527.
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The purpose of this study is to analyze the position and authority of the Judicial Commission of the Republic of Indonesia and its comparison to the Netherlands Council for the Judiciary. This comparative study applied a normative juridical method. The data used in this study were secondary data. The collected data were then analyzed qualitatively. The results showed that Judicial Commission has an important position in judicial system in Indonesia so as structurally, its position is aligned with the Supreme Court and the Constitutional Court of the Republic of Indonesia. Yet, functionally, its role is auxiliary to the judicial power institutions. Although the function of the Judicial Commission is related to judicial power, but the Judicial Commission is not an agent of judicial power, rather, it is an agency enforcing code of ethics of judges. Besides, the Judicial Commission is also not involved in the organization, personnel, administration and financial matters of judges. This condition is different from the Judicial Commission in European countries, such as the Netherlands. The Judicial Commission in the Netherlands (The Netherlands Council for the Judiciary) has an authority in the area of technical policy and policy making in the field of justice. The Netherlands Council for the Judiciary and other Judicial Commission in European countries generally have the authority in managing organization, budget and administration as well as in conducting promotions, transfers, and recruitments as well as imposing sanctions on judges. Thus, the Supreme Court only focuses on carrying out judicial functions and does not deal with administrative and judicial organization matters.�Tujuan dari penelitian ini adalah untuk mengetahui dan memahami tentang kedudukan dan kewenangan Komisi Yudisial Republik Indonesia serta perbandingannya dengan Komisi Yudisial Belanda. Metode penelitian yang digunakan yaitu yuridis normatif dengan cara perbandingan (komparatif). Data yang digunakan adalah data sekunder sedangkan analisis data dilakukan secara kualitatif. Hasil penelitian yaitu bahwa kedudukan Komisi Yudisial sangat penting, sehinggasecara struktural kedudukannya diposisikan sederajat dengan Mahkamah Agung dan Mahkamah Konstitusi. Namun demikian� secara fungsionalperannya bersifat penunjang (auxiliary) terhadap lembaga kekuasaan kehakiman. Komisi Yudisial meskipun fungsinya terkait dengan kekuasaan kehakiman tetapi bukan� pelaku kekuasaan kehakiman, melainkan lembaga penegak norma etik (code of ethics) dari hakim. Selain itu Komisi Yudisial juga tidak terlibat dalam hal organisasi, personalia, administrasi dan keuangan para hakim. Hal ini berbeda dengan Komisi Yudisial yang ada di negara Eropa misalnya Belanda. Komisi Yudisial di Belanda (Netherland Council for Judiciary) memiliki kewenangan pada area kebijakan teknis dan pembuatan kebijakan pada bidang peradilan.Komisi Yudisial Belanda dan di Eropa pada umumnya mempunyai kewenangan dalam hal mengelola organisasi, anggaran dan administrasi peradilan termasuk dalam melakukan promosi, mutasi, rekruitmen dan memberikan sanksi terhadap hakim. Mahkamah Agung hanya fokus melaksanakan fungsi peradilan yaitu mengadili
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Cosyns, P. "Medical ethics and the judicial coerced treatment of sexual abusers." European Psychiatry 13, S3 (1998): 121s—124s. http://dx.doi.org/10.1016/s0924-9338(98)80043-6.
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SummaryThe increasing demand for judicial coerced treatment of sexual abusers constitutes a new challenge for mental health professionals. The discussed controversial ethical issues are the influence of coercion on the treatment, the motivation of patient as well as therapist, confidentiality and hormonal treatment. Social control is not the primary concern of therapists and any treatment must be beneficial to the individual patient. The coerced treatment of sexual abusers requests an agreement between psychiatric and judicial authorities with respect for their respective professional ethics.
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Kondratova, І. D. "VIOLATION OF NORMS OF JUDICIAL ETHICS AS A BASIS FOR DISCIPLINARY RESPONSIBILITY OF A JUDGE." Herald of criminal justice, no. 1-2 (2022): 253–63. http://dx.doi.org/10.17721/2413-5372.2022.1-2/253-263.
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Judicial ethics, which permeates the professional status of a judge, is reflected in absolutely all its elements and interacts with them. The institution of disciplinary responsibility of a judge, which plays an extremely important role for judicial ethics, is no exception. The purpose of the article is to research the norms of judicial ethics in their interrelationship with the disciplinary responsibility of the judge that occurs in case of their violation. Based on the analysis of the norms of the current legislation, decisions of the European Court of Human Rights and disciplinary practice of the High Council of Justice, a number of conclusions were drawn that determine the specifics of bringing a judge to justice for violating ethical norms. Among them are the following: 1) the objectively determined general nature of the norms and wording, the lack of clarity in the description of the judge’s behavior, which can become the basis for initiating disciplinary proceedings, which requires further assessment by law enforcement authorities; 2) a large degree of subjectivism on the part of disciplinary authorities in assessing the circumstances of the case (actions and consequences) in the context of interpreting the provisions of the legislation; 3) the objective side of disciplinary misconduct, which consists in the judge’s admission of behavior that does not correspond to or violates the norms of judicial ethics, as a result of which the authority of justice and the reputation of the high rank of a judge are harmed. By themselves, violations of ethical norms cannot be considered as a basis for the judge’s responsibility. At the same time, the unethical behavior of a judge, which caused reputational losses to the status of a judge and the judiciary, can be qualified as a significant disciplinary offense, gross neglect of duties, which is incompatible with the status of a judge; 4) the special and decisive importance of law enforcement practice, which must «establish a consistent and restrictive interpretation» of all evaluative concepts and categories used in the general formulations of the grounds for a judge’s responsibility; 5) a limited scale of disciplinary sanctions that can be applied to a judge for committing unethical behavior, and the justified application of the most severe form of punishment – dismissal of a judge from office; 6)»accompanying» nature of responsibility for violation of ethical norms, if this occurred during the administration of justice, since in this case it is usually combined with responsibility for violation of procedural legislation. But its character is «independent» if the judge’s unethical behavior was not committed in connection with his authority to administer justice.
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Navickienė, Žaneta, and Vaidotas Žilys. "STRENGTHENING VALUES IN LITHUANIAN JUDGES' ACTIVITY: DISCUSSION ON THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE AND IMPARTIALITY." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 6 (May 25, 2018): 391–401. http://dx.doi.org/10.17770/sie2018vol1.3175.
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In today‘s guaranteeing of justice, the public becomes an active evaluator of the activities of courts and judges. The latest changes in the legal regulation since 2013 have enabled any member of the public to turn to the Judicial Ethics and Discipline Commission due to doubtful judge‘s behaviour. In addition, this commission was given a new function of giving consultations to judges. This shows that the increasingly attention of the scientists and practitioners is paid to the observance of the principles of professional ethics of judges, while the judges must consciously understand the meaning of ethical provisions in their professional activities and lives, constantly uphold the fundamental values.The aim of the paper is to analyse the principle of the ethics of Lithuanian judges – justice and impartiality. The analysis of the realization of this ethical principle in practice was carried out (49 decisions were analysed, among which 4 decisions adopted by the Judicial Ethics and Discipline Commission were relevant in this regard) which showed a high level of integrity of this principle. The research reveals two main vectors for the implementation of this principle of ethics by Lithuanian judges. Firstly, in the scientific and practical implementation of the principles of professional ethics there is a debate about its realization in practice (application). Secondly, this principle of the judge's ethics is most clearly elaborated by comparing the content of the principle of impartiality of the investigator or prosecutor.
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Fifiana, Eveline. "EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH." Solusi 16, no. 3 (September 1, 2018): 266–73. http://dx.doi.org/10.36546/solusi.v16i3.128.
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Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power. To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.
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Oktaviani, Ririn. "Eksistensi Etika Hakim Dalam Persidangan Peradilan Pidana Guna Mewujudkan Lembaga Peradilan Yang Bersih dari KKN." Wajah Hukum 4, no. 1 (April 24, 2020): 101. http://dx.doi.org/10.33087/wjh.v4i1.83.
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Judges in carrying out their duties and authorities have clear rules. To create a judiciary that is clean from corrupt practices, the performance of judges receives comprehensive and comprehensive supervision. The Supreme Court (MA), as the highest judicial power agency, carries out internal supervision, while external supervision is carried out by the Judicial Professional Honorary Commission of IKAHI and the Judicial Commission (KY). However, the facts show that bribery cases which ensnared judges are increasing and have tarnished legal institutions especially public trust in the justice system in Indonesia. This is interesting because there are still judges who do not comply with the code of ethics for judges as a guideline in carrying out their duties, this shows that the oversight function by the MA and KY has not been able to run properly. The method used is normative juridical. The results obtained state that efforts to overcome public distrust in the judiciary caused by judges who are entangled in corruption cases are by improving the selection mechanism for prospective judges so that judges are selected with professional personality and high integrity. In addition, the need to improve the MA and KY supervisory functions by increasing sanctions for violators of the judge's code of ethics.
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Córdoba Baviera, Alfonso. "La ética judicial en la regulación del matrimonio igualitario." Pensamiento Americano 9, no. 17 (July 1, 2016): 67–85. http://dx.doi.org/10.21803/pensam.v9i17.59.
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El presente trabajo tiene una empresa última concretamente establecida que es la de hacer un barrido expositivo y analítico por la apertura del concepto matrimonio a acepciones o realidades hasta principios del siglo XXI jamás planteadas. Esto es, crear un camino de acceso a la institución matrimonial para las uniones entre personas del mismo sexo. En el caso español, objeto de este estudio, se ha dado gracias a la aplicación de la ética judicial por parte de los Magistrados del Tribunal Constitu-cional que, con motivo de la mutación constitucional llevada a cabo por el legislador ordinario, se han visto en la obligación de dar un giro jurisprudencial en atención a las demandas de una sociedad cuya realidad es dinámica y cambiante. Ya el Tribunal Constitucional no ostenta el título de legislador negativo sino que, su función social es mucho más profunda, es el encargado de dar validez y legitimidad a la Constitución
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Hamdan, Fairuz Zahirah Zihni, Dwi Rahayu Kristianti, and Vincentius Verdian. "Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court." Yuridika 38, no. 2 (May 1, 2022): 371–88. http://dx.doi.org/10.20473/ydk.v38i2.45472.
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The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code of Ethics and Code of Conduct for Judges (KEPPH), KEPPH Enforcement Guidelines, and Joint Examination Procedures. However, in its implementation, there is still a problem of unclear scope and limitations in the supervision of judges. Therefore, there must be improvements in related regulations by limiting technical judicial violations and ethical behavior.
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Adrianovskaya, Tatyana L. "Application of Ethical Standards in the Legal Regulation of the Work of Medical Workers." Теория и практика общественного развития, no. 7 (July 26, 2023): 213–18. http://dx.doi.org/10.24158/tipor.2023.7.28.
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Based on the analysis of current legislation and judicial practice the article considers the problems of applica-tion of ethical norms in the legal regulation of medical workers. The author distinguishes general and medical ethics, considering the latter in detail. The article analyzes the relationship between deontology and medical deontology as a ratio of general and particular, and also draws attention to the multiplicity of normative legal sources in which the obligation of medical workers to comply with the norms of professional ethics is estab-lished. Examples from judicial practice are given. The author argues that it is advisable to create regulatory complexes as a combination of substantively related legal and ethical norms, as well as amendments to Art. 350 of the Labor Code of the Russian Federation regarding the non-disclosure of medical confidentiality, which appears to be a key element of medical ethical behavior.
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Kondrych, Vasyl. "High anti-corruption court in the context of international standards of judicial procedure and administration of justice." Revista Amazonia Investiga 10, no. 46 (October 25, 2021): 32–41. http://dx.doi.org/10.34069/ai/2021.46.10.3.
Full textAbstract:
The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.