Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-t7hbd Total loading time: 0.288 Render date: 2022-05-23T07:59:09.942Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

6 - Standards of conduct in extra-judicial activities

Published online by Cambridge University Press:  05 June 2014

Shimon Shetreet
Affiliation:
Hebrew University of Jerusalem
Sophie Turenne
Affiliation:
University of Cambridge
Get access

Summary

Introduction

6.1 How much of an ordinary citizen should or can a judge be? It is only appropriate that judicial officers ‘live, breathe, think and partake of opinions’ in the real world, that they ‘continue to draw knowledge and to gain insights from extrajudicial activities that would enhance their capacity to perform the judicial function’. Yet public confidence will only be maintained if judicial office holders maintain the highest standards of probity in their professional, public and private lives. In this chapter, we explore the ramifications of a changing role for the judiciary. As judges get involved on their own initiative in their local communities, some have argued that there is scope for them to do more, and that it is important that some take responsibility for projecting positive images of the judiciary. Yet whether and to what degree a judge should pursue certain extra-judicial activities depends on an elaborate set of considerations. No extra-judicial activity should be so onerous or time consuming that it interferes with the judge’s performance of his duties. It is almost axiomatic that full-time judges should not engage in political controversy. Upon appointment they are expected to give up all activities with a political flavour, such as holding office as a Member of Parliament. One may question the exemption of fee-paid and part-time judges from the ban on full-time judges on political activity of any kind or on any tie with political parties. Certain extra-judicial activities such as chairing public inquiries also tend to politicise the role of judges and detract from their impartial and independent status. Exposure on internet social networks or blogs may also blur the distinction between the private and public spheres for judges. Post-retirement limitations will also be examined.

The ban on political activities

6.2 It seems to be universally agreed that full-time judicial offices are incompatible with membership of the House of Commons. Likewise upon appointment, full-time judges are expected to give up active participation in politics and avoid any political controversy. The Guide to Judicial Conduct provides that ‘a judge must forego any kind of political activity and on appointment sever all ties with political parties’.

Type
Chapter
Information
Judges on Trial
The Independence and Accountability of the English Judiciary
, pp. 243 - 271
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

McKay, R.B., ‘The Judiciary and Non-Judicial Activities’ (1970) 35 Law and Contemporary Problems9, 12.CrossRefGoogle Scholar
Prashar, Baroness, Middle Temple Guest Lecture (6 November 2006), p. 10.
Genn, H., evidence before the HL Committee on the Constitution, 2007.
Lee, H.P., Judiciaries in Comparative Perspective (New York: Cambridge University Press, 2011).CrossRefGoogle Scholar
Hailsham, , ‘Presidential Address’ (1971) 27 The Magistrate185, 186Google Scholar
Birkenhead, , Points of View, vol. II (London: Hodder and Stoughton, 1922), 147–51, 183–9.Google Scholar
Drewry, G. and Morgan, J., ‘Law Lords as Legislators’ (1969) 22 Parliamentary Affairs226.CrossRefGoogle Scholar
Stevens, R., The English Judges: Their Role in the Changing Constitution, rev. edn (Oxford: Hart, 2005)Google Scholar
Law and Politics. The House of Lords as a Judicial Body 1800–1976 (London: Weidenfeld and Nicolson, 1979)Google Scholar
Blom-Cooper, L., Dickson, B. and Drewry, G. (eds), The Judicial House of Lords 1876–2009 (Oxford University Press, 2009).CrossRefGoogle Scholar
Turner, E.S., May It Please Your Lordship (London: M. Joseph, 1971), pp. 200–01.Google Scholar
Lindell, G., Tribunals of Inquiry and Royal Commissions, Law and Policy Paper 22 (The Federation Press, 2002)Google Scholar
Beer, J., Public Inquiries (Oxford University Press, 2011)Google Scholar
Beatson, J., ‘Should Judges Conduct Public Inquiries?’ (2005) 121 LQR 221.
Sedley, S., ‘Public Inquiries: a Cure or a Disease?’ (1989) 52 MLR 469, 470.
Hutton, , ‘Report of the Inquiry into the Circumstances Surrounding the Death of Dr David Kelly C.M.G.’ (2004)
Scarman, , The Brixton Disorders, 10–12 April 1981. The Scarman Report: Report of an Inquiry (London: Penguin, 1982).
Budd, A., ‘An Inquiry into an Application for Indefinite Leave to Remain’, HC 175 (21 December 2004)
Leveson, LJ, ‘An Inquiry into the Culture, Practices and Ethics of the Press. Report’, HC 780-I (2012)
Woolf, , Written Evidence to the Select Committee on Constitutional Reform Bill, ‘Supplementary Memorandum’ (7 June 2004).
Thomas, C., ‘Judicial Diversity in the United Kingdom and Other Jurisdictions: A Review of Research, Policies, and Practices’ (The Commission for Judicial Appointments, 2005), 37.
Hallett, LJ, London Evening Standard, 7 November 2011.
Sedley, S., ‘Diary’, LRB, vol. 21 no. 22 (11 November 1999), p. 37.
Gray, C., ‘The Too Friendly Judge? Social Networks and the Bench’ (2010) 93 Judicature236Google Scholar
Boulton, W.W., Conduct and Etiquette at the Bar, 5th edn (London: Butterworths, 1971), p. 34.Google Scholar
Hailsham, , in ‘The Selection of Judges in England: A Standard for Comparison’ (1953) 39 American Bar Association Journal279, 280.Google Scholar
Hyde, H.M., Lord Reading: The Life of Rufus Isaacs, the First Marquess of Reading (London: Heinemann, 1967), p. 327.
Jackson, R., The Chief: the Biography of Gordon Hewart, Lord Chief Justice of England 1922–1940 (London: George G. Harrap, 1959).Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×