Current Affairs Report
You can click the button below to watch a recording of the October Current Affairs meeting.
Current Affairs Discussion Group: Judges in the Dock
We will be discussing the role of judges in modern life.
There is no one judicial system. The Judiciary takes on different forms in different countries, but most are based on the rule of law, the separation of powers and the independence of the judiciary.
The doctrine of the separation of powers (executive, legislative and judicial) in democracies is supposed to ensure that checks and balances are in place to keep each of the three branches of government from exercising powers over/corresponding to the others. Both in their selection and subsequent actions, judges are supposed to be detached from all possible outside influences. However, the independence of the judiciary is being tested by the ways of the modern world.
It is becoming increasingly difficult to keep judges isolated from politics; in many countries there is an increasingly blurry line between making the law and interpreting / enforcing it, giving the impression that the interface between politics and the law is disappearing. Should it be doing so?
It is decidedly important from the transparency point of view that Judges be insulated from outside pressures - from the executive or legislative branches of government, from litigants, pressure groups, the media, self-interest or even from each other- so that those appearing before them and the public in general can be confident that they will receive fair and just treatment in accordance with the law. But does being independent and insulated from outside pressures necessarily mean being insulated from life itself, from the goings-on in the society Judges are supposed to be functioning in?
A fair system of justice does not mean everybody agrees with court decisions. A fair trial is what the system guarantees and court rulings will obviously not be aligned with everybody’s desired outcome.
Independent judges are a cardinal feature of the rule of law. It is not just a matter of being independent, judges must also give the appearance of being independent. A Judge has to be seen by a reasonable and well-informed public to be acting impartially and independently. Anything to the contrary, any whiff of bias, risks destroying public confidence in the Judiciary.
THOSE WISHING TO JOIN US SHOULD RSVP AT UWCSTUDYGROUPS@GMAIL.COM. PARTICIPATION WILL BE LIMITED TO 25 MEMBERS.
Please read the following background material on which the discussion will be based:
Coordinated by: Phyllis Barrantes