publications_unodc_commentary-e

considerably across countries. Consequently, the levels of confidence in theactivities of courts are not uniform. Adequate information about the functions of thejudiciary and its role can therefore effectively contribute towards an increasedunderstanding of the courts as the cornerstones of democratic constitutional systems,as well as of the limits of their activity. These principles are intended to assistmembers of the legislature and the executive, as well as lawyers, litigants andmembers of the public, to better understand the nature of the judicial office, the highstandards of conduct which judges are required to maintain both in and out of court,and the constraints under which judges necessarily perform their functions.Necessity for standards of conduct21. The necessity to identify standards of conduct appropriate to judicial officehas been explained by a judge in the following terms:No one doubts that judges are expected to behave according to certainstandards both in and out of court. Are these mere expectations ofvoluntary decency to be exercised on a personal level, or are theyexpectations that a certain standard of conduct needs to be observed by aparticular professional group in the interests of itself and thecommunity? As this is a fundamental question, it is necessary to makesome elementary observations.We form a particular group in the community. We comprise a select partof an honourable profession. We are entrusted, day after day, with theexercise of considerable power. Its exercise has dramatic effects uponthe lives and fortunes of those who come before us. Citizens cannot besure that they or their fortunes will not some day depend upon ourjudgment. They will not wish such power to be reposed in anyone whosehonesty, ability or personal standards are questionable. It is necessaryfor the continuity of the system of law as we know it, that there bestandards of conduct, both in and out of court, which are designed tomaintain confidence in those expectations. 77 J.B. Thomas, Judicial Ethics in Australia (Sydney, Law Book Company, 1988), p.7.37