prompt disposal of matters, 207reserved decisions, 209transparency, 210disciplinary action, 19disclosure, requirement of, 80disappearance of court records, 197diversity see cultural diversitydiscriminationgender, 185international standards against, 183organization practising, 168disputed facts, personal knowledge of, 93disqualificationanimosity, 90consent of parties irrelevant, 79economic interest in outcome of case, 98doctrine of necessity, 100, 132friendship, 90irrelevant grounds, 89judge in one’s own cause, 78offer of post-judicial employment, 91previous employment in government department, 96previous political affiliation, 88previous service as lawyer, 94-95previously material witness in trial, 97reasonable apprehension of bias, 81reasonable observer, 77situations of hardship, 132when judge should make disclosure, 80see also bias, recusaleconomic interest, 98-99educationcommunity, 156legal, 157employmentof relative, 107in executive or legislative branch, 38post-judicial, 91previously in government or legal aid office, 96equalitycourt users, treatment of, 189cultural diversity, 186derogatory comments, 187-188, 190-191gender discrimination, 185international standards, 183167
stereotyping, 184ethical dilemma, 33European Convention on Human Rights, 7ex parte communications, 64extra-judicial activities, 166fair trialminimum requirements, 46ICCPR 14(1), 48UDHR 19, 1family life, relevance of, 194family membersactivities of, 69affiliated to law firms, 129employed in government legal departments, 130family relationships, 143fiduciary capacity, acting in, 171financial activities, 169financial interestsdefinition of, 142duty to be aware of family’s, 141freedom of expression, 134, 140fundamental human rights of judges, 134fundamental values, 18gambling by judges, 117gender discrimination, 185giftduty not to accept, 177, 181of excessive value, 181what does not constitute, 179, 182good practice, an example of, 34governmentappointment to governmental committee, 163involvement in governmental activities, 164judges not beholden to, 25hierarchical organization of judiciary, 40honoraria, 182honours, 38hospitality, ordinary social, 123, 180human rights law, relevance of, 206incentive payment, 38impartialityapprehensions of accused person, 54168
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United NationsOffice on Drugs and C
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CONTENTSPreface… ................
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DRAFTING HISTORYI. BackgroundIn Apr
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g. The Iowa Code of Judicial Conduc
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IV. The Bangalore Draft Code of Jud
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Davide of the Supreme Court of the
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The Commission has frequently expre
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(h) Requested the UNODC to convene
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Where citations have been used, the
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WHEREAS the International Covenant
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WHEREAS the foregoing fundamental p
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esponsibility, it is essential that
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WHEREAS it is essential that judges
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WHEREAS the primary responsibility
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5. Everyone shall have the right to
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THE FOLLOWING PRINCIPLES are intend
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Value 1INDEPENDENCEPrinciple:Judici
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Conditions for judicial independenc
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A judge must act irrespective of po
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finding, an important part of a jud
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1.3 A judge shall not only be free
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or her. No such gatherings should b
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that very remote instance the judge
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1.6 A judge shall exhibit and promo
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(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
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Value 2IMPARTIALITYPrinciple:Impart
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Application:2.1 A judge shall perfo
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2.2 A judge shall ensure that his o
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2.3 A judge shall, so far as is rea
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2.4 A judge shall not knowingly, wh
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(b) The second aspect relates to a
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informed, will remove the objection
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countenances the possibility that j
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Other things being equal, the more
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2.5.2 the judge previously served a
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Provided that disqualification of a
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Application3.1 A judge shall ensure
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It has been argued that the use of
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Value 4PROPRIETYPrinciple:Propriety
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4.2. As a subject of constant publi
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4.3 A judge shall, in his or her pe
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Special care should be taken where
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not hold a supervisory or administr
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4.6 A judge, like any other citizen
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such judicial commentary should be
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4.8 A judge shall not allow the jud
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performance of their lawful duties
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Former judges153. Depending on loca
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4.11 Subject to the proper performa
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4.11.3 serve as a member of an offi
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ii. Does it essentially involve an
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4.11.4 engage in other activities i
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should not give legal advice. This
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Protecting the judge’s own intere
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- Page 132 and 133: Application6.1 The judicial duties
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- Page 154 and 155: Jewish LawThe following is an extra
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- Page 162 and 163: SELECT BIBLIOGRAPHYBooks and Monogr
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