publications_unodc_commentary-e

At this meeting, the Judicial Integrity Group took two decisions. First, itagreed that the principle of accountability demanded that the national judiciaryshould assume an active role in strengthening judicial integrity by effecting suchsystemic reforms as are within the judiciary’s competence and capacity. Second, itrecognized the urgent need for a universally acceptable statement of judicialstandards which, consistent with the principle of judicial independence, would becapable of being respected and ultimately enforced at the national level by thejudiciary, without the intervention of either the executive or legislative branches ofgovernment. The participating judges emphasized that by adopting and enforcingappropriate standards of judicial conduct among its members, the judiciary had thepower to take a significant step towards earning and retaining the respect of thecommunity. Accordingly, they requested that codes of judicial conduct which hadbeen adopted in some jurisdictions be analysed, and a report be prepared by the Coordinatorof the Judicial Integrity Group, Dr Nihal Jayawickrama, concerning: (a)the core considerations that recur in such codes; and (b) the optional or additionalconsiderations that occur in some, but not all, such codes and which may or may notbe suitable for adoption in particular countries.III. Source MaterialIn preparing a draft code of judicial conduct in accordance with thedirections set out above, reference was made to several existing codes andinternational instruments including, in particular, the following:National Codesa. The Code of Judicial Conduct adopted by the House of Delegates of theAmerican Bar Association, August 1972.b. Declaration of Principles of Judicial Independence issued by the ChiefJustices of the Australian States and Territories, April 1997.c. Code of Conduct for the Judges of the Supreme Court of Bangladesh,prescribed by the Supreme Judicial Council in the exercise of power underArticle 96(4)(a) of the Constitution of the People's Republic of Bangladesh,May 2000.d. Ethical Principles for Judges, drafted with the cooperation of the CanadianJudges Conference and endorsed by the Canadian Judicial Council, 1998.e. The Idaho Code of Judicial Conduct 1976.f. Restatement of Values of Judicial Life adopted by the Chief JusticesConference of India, 1999.10