apprehension of bias, 56abuse of contempt powers, 59bias or prejudice, 57-60conduct to be avoided, 62-65conflict of interest, 67-69correspondence with litigants, 73duty to maintain fine balance, 61ex parte communications, 64frequent recusals, 66independence a necessary condition, 51judge in one’s own cause, 78media, relations with, 74-76perceptions, 53, 55previous political affiliation, relevance of, 88public statements, 65, 71-72reasonable observer, 77requirements of, 53religion, etc., relevance of, 89see also disqualificationimplementation, procedures for, 220improper statement, 71improprietyinappropriate contacts, 113test for, 111-112inappropriate connections and influence, examples of, 38independenceact irrespective of popular acclaim or criticism, 28attempt to influence judge, 29attempt to undermine judicial independence, 43complete isolation neither possible nor beneficial, 31conditions for judicial independence, 26contact with community necessary, 32-34distinguished from impartiality, 24efficiency and productivity, 42high standard of judicial conduct, 45-50inappropriate connections, 38independent of other judges, 39-41individual and institutional, 23judge not beholden to government, 25not privilege, but responsibility of judge, 22outside influences, 27public awareness of judicial independence, 44public perception of judicial independence, 37separation of powers or functions, 36trust of society essential, 35undue influence, 30169
independent of other judges, 39independent and impartial judiciaryACHPR 7(1), 9ACHR 8(1), 8Concept, 12ECHR 6(1), 7ICCPR, 14(1), 3influenceactions or attitudes of other judges, 39attempt to influence, 29determining what constitutes undue influence, 30duty to avoid being improperly influenced, 143inappropriate outside influence, 27, 38popular acclaim or criticism, 28interest groups, 34integrityconcept, 101conduct in court, 107public perception, 109, 110private and public life, 103-104, 109relevance of community standards, 102, 104-106scrupulous respect for the law, 108International Covenant on Civil and Political Rightsprovisions of, 3, 48, 49, 50, 183relevance of, 206state obligations, 5international human rights law, relevance of, 206international law, status of, 6interference, constant, 63isolation neither possible not beneficial, 31judgeappointment of relative as a clerk, 107communication with appellate court or judge, 107compensation for non-judicial work, 157, 179, 182, 195conduct in court, 107conduct towards lawyers, 214conduct towards litigants, 213contact with community, 31-34criticism of, 30, 137duty to enforce law, 108duty to maintain order and decorum, 212duty to report unprofessional conduct, 218duty to uphold law, 108essential attributes, 215exemplary life required, 115170
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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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4.14 A judge and members of the jud
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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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