publications_unodc_commentary-e

PREFACEA judiciary of undisputed integrity is the bedrock institution essential forensuring compliance with democracy and the rule of law. Even when all otherprotections fail, it provides a bulwark to the public against any encroachments onrights and freedoms under the law. These observations apply both domestically - inthe context of each nation State - and globally, viewing the global judiciary as onegreat bastion of the rule of law throughout the world. Ensuring the integrity of theglobal judiciary is thus a task to which much energy, skill and experience must bedevoted.This is precisely what the Judicial Group on Strengthening JudicialIntegrity (The Judicial Integrity Group) has sought to do since 2000. It commencedas an informal group of Chief Justices and Superior Court Judges from around theworld who combined their experience and skill with a sense of dedication to thisnoble task. Since then, the Group’s work and achievements have grown to a pointwhere they have made a significant impact on the global judicial scene.The Bangalore Principles of Judicial Conduct have increasingly beenaccepted by the different sectors of the global judiciary and by international agenciesinterested in the integrity of the judicial process. In the result, the BangalorePrinciples are seen more and more as a document which all judiciaries and legalsystems can accept unreservedly. In short, these principles give expression to thehighest traditions relating to the judicial function as visualised in all cultures andlegal systems. Reaching agreement on these core principles has been difficult, butthe Judicial Integrity Group’s unwavering commitment to achieving a result whichwould command universal acceptance has allowed it to surmount the barriers thatappeared in its path.Not only have some States adopted the Bangalore Principles, but othershave modelled their own Principles of Judicial Conduct on them. Internationalorganisations have also looked on them with favour and given them theirendorsement. The United Nations Social and Economic Council, in its resolution2006/23 of 27 July 2006, invited Member States, consistent with their domestic legalsystems, to encourage their judiciaries to take into consideration the BangalorePrinciples when reviewing or developing rules with respect to the professional andethical conduct of the members of the judiciary. The United Nations Office onDrugs and Crime has actively supported the Bangalore Principles, which have alsobeen recognized by bodies such as the American Bar Association and theInternational Commission of Jurists. The judges of the member States of theCouncil of Europe have also given the Bangalore Principles their favourableconsideration.A detailed draft commentary was prepared on each of the BangalorePrinciples and discussed in depth, together with the Principles, at the Open-Ended5