Judicial integrity is one of the fundamental principles associated with democratic government and deserves the concerned attention of all citizens. I like to focus attention here on judicial ethics, continuing judicial education and the judge’s obligation to be in full control of the court and all activities and personnel associated with it. Unfortunately, judicial ethics [...]

Feeds Editorials Times Online

Sunday Times 2

If confidence in the judiciary is lost, there can be no rule of law

By Justice C.G. Weeramantry Former Senior Vice President International Court of Justice (Excerpts from the Lalith Athulathmudali Memorial Lecture delivered at the BCIS)
View(s):

Judicial integrity is one of the fundamental principles associated with democratic government and deserves the concerned attention of all citizens.

I like to focus attention here on judicial ethics, continuing judicial education and the judge’s obligation to be in full control of the court and all activities and personnel associated with it. Unfortunately, judicial ethics is a much neglected topic and international work on this subject has not been sufficiently disseminated among the Sri Lankan judiciary.

Among other matters requiring attention in this context are the associated duties of the state, for the state also has an important role to play in protecting and promoting judicial integrity. Just as it is the obligation of every judge to do all within the ambit of judicial power to ensure judicial integrity, so also is it the obligation of the State to protect and promote the conditions in which judicial integrity can flourish. This is because judicial integrity is not possible without judicial independence and judicial independence is not possible if the state, in one way or another, uses its vast executive powers to influence or control the judiciary. This takes us also into the realm of constitutional law and the separation of powers.

Judicial Integrity is a concept reaching back to the very beginnings of civilisation

Separation of powers is a concept developed in the past few centuries, but judicial independence and judicial integrity go right back to the very origins of civilisation. These concepts were known and recognised for thousands of years by all civilisations, and, indeed, by all religions.

As early as 1,500 BC, King Thutmose III of Egypt issued instructions to his Chief Justice, Rekhmire, in the following terms: “Take heed to thyself for the hall of the Chief Judge, be watchful of what is done therein. Behold it is the support of the whole land.” This document goes on to indicate to the Chief Judge that he should not lean towards officials and councilors nor towards the people, as “It is an abomination of the Gods to show partiality.” It is interesting to note the king’s description of judicial integrity as the support of the whole land, for this makes it central to the entire administration and without it the whole structure of government crumbles.

Impartial justice was thus considered to be the basic foundation of a well organised state. Indeed, we can even go back a further 500 years to the Code of Hammurabi which emphasizes that the king is “the King of Justice”. It was a fundamental duty of the king to disseminate justice throughout his kingdom and it was through the judges that the king discharged this duty. The notion that the sovereign is the fountain of justice thus goes back to the very beginnings of recorded history and also highlights the importance of the judiciary headed by the Chief Justice. They are the agency through which the ruler’s duty of ensuring justice is discharged. Nobody, not even the ruler himself, can impose any obstacles in their way.

Judicial integrity is central to democratic government

We do not need to go into such doctrines as separation of powers to establish the independence of the judiciary. It has been the very foundation of just government since civilisation began.

In more recent times there have been many references by judges to this principle and I would like to quote a statement of Sir Gerard Brennan, the eminent retired Chief Justice of Australia, who said that “It is only when the community has confidence in the integrity and the capacity of the judiciary, that the community is governed by the rule of law.” This summarises it all and if confidence is lost in the judiciary the community which it should serve does not live under the rule of law.

Justice C.G. Weeramantry

If we are to have the rule of law in Sri Lanka, a judiciary of integrity and independence is absolutely vital to it. Constitutions and politicians may proclaim the rule of law, but they cannot achieve it without an independent judiciary. An independent judiciary may deprive them of some of their influence and power, but this inevitable if there is to be a true democracy.

Against this background it is scarcely necessary to pursue the matter further as it is so self-evident. The pages of world literature are littered with expressions of this principle by philosophers, scholars and jurists. The issue we are addressing today is thus absolutely fundamental. It is important that every member of the community realise its deep implications for democracy.

In short, the principle of judicial integrity requires the judge to rise to the highest levels of rectitude necessary to discharge the hallowed duty that rests on them of delivering justice, pure and unadulterated, to those who come before them. The court is the last resort of the oppressed and of those who are unfairly treated. Such a place needs to be a model of integrity and a repository of the highest values that are re enshrined in the concept of justice.

Viewed in this light, judicial integrity is the very foundation of democracy. Any factor that disturbs this, however slightly, thus undermines democracy. Political influence either by way of rewards for judges who deliver opinions acceptable to those in power or by way of manifestations of disapproval such as transfers undermine democracy even further. Judicial integrity requires a climate of judicial independence. It is the bulwark of democracy. In its absence democracy does not exist, whatever constitutions may proclaim. It is timely to bring the importance of these principles to the notice of the public.




Share This Post

DeliciousDiggGoogleStumbleuponRedditTechnoratiYahooBloggerMyspace
comments powered by Disqus

Advertising Rates

Please contact the advertising office on 011 - 2479521 for the advertising rates.