Jeffrey Brand-Ballard
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195342291
- eISBN:
- 9780199867011
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342291.003.0004
- Subject:
- Philosophy, Political Philosophy
This chapter examines whether judges have a legal duty to apply the law correctly—to obey certain adherence rules. Various sources of legal authority on the question are examined, including codes of ...
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This chapter examines whether judges have a legal duty to apply the law correctly—to obey certain adherence rules. Various sources of legal authority on the question are examined, including codes of judicial conduct and case law. It is determined that sanctions are almost never imposed on judges for deviating from the law, unless there is a pattern of error or evidence of improper motive. Judges have not been impeached or removed from office for deviating from the law in the United States. Nevertheless, the chapter concludes that judges may well have a legal duty to adhere to the law, and the rest of the book is consistent with that assumption. Other judicial incentives to adhere are also discussed.Less
This chapter examines whether judges have a legal duty to apply the law correctly—to obey certain adherence rules. Various sources of legal authority on the question are examined, including codes of judicial conduct and case law. It is determined that sanctions are almost never imposed on judges for deviating from the law, unless there is a pattern of error or evidence of improper motive. Judges have not been impeached or removed from office for deviating from the law in the United States. Nevertheless, the chapter concludes that judges may well have a legal duty to adhere to the law, and the rest of the book is consistent with that assumption. Other judicial incentives to adhere are also discussed.
Sudhanshu Ranjan
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780199490493
- eISBN:
- 9780199096275
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199490493.003.0002
- Subject:
- Law, Legal Profession and Ethics
Judges are not above the law. Like the other institutions of the State, the judiciary must be accountable. Chief Justice Edward Coke told King James I point blank that was not above the law and ...
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Judges are not above the law. Like the other institutions of the State, the judiciary must be accountable. Chief Justice Edward Coke told King James I point blank that was not above the law and quoted jurist Bracton, Non-sub homine sed sub deo et lege. (The King is under no man, save under God and the law.) Ironically, judges themselves don’t appear to be following this dictum giving an impression that they are above the law. The judiciary should be accountable according to its own reasonings employed for holding all other institutions to account. But it abhors the idea of accountability for itself in the name of its independence. It is a misnomer as independence and accountability are complementary, not antagonistic.Less
Judges are not above the law. Like the other institutions of the State, the judiciary must be accountable. Chief Justice Edward Coke told King James I point blank that was not above the law and quoted jurist Bracton, Non-sub homine sed sub deo et lege. (The King is under no man, save under God and the law.) Ironically, judges themselves don’t appear to be following this dictum giving an impression that they are above the law. The judiciary should be accountable according to its own reasonings employed for holding all other institutions to account. But it abhors the idea of accountability for itself in the name of its independence. It is a misnomer as independence and accountability are complementary, not antagonistic.
Jeffrey Brand-Ballard
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195342291
- eISBN:
- 9780199867011
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342291.003.0018
- Subject:
- Philosophy, Political Philosophy
This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is ...
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This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is made for distinguishing, in many contexts, between the claim that a judge has deviated from the law and the claim that she has acted impermissibly, all things considered. This book makes the case that this distinction is often crucial, and that much criticism of lawless judging is, accordingly, erroneous or misleading. The fact that a judge has deviated is not, in itself, a reason for censure, impeachment, removal, or any form of retaliation against her. It is not even a reason to vote against a judge when she runs for reelection, or a reason for a senator to vote against confirming a presidential nominee to the bench. Only a pattern of excessive deviation provides such reasons. Traditional theories of adjudication constrain judges to an extent that cannot be easily justified.Less
This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is made for distinguishing, in many contexts, between the claim that a judge has deviated from the law and the claim that she has acted impermissibly, all things considered. This book makes the case that this distinction is often crucial, and that much criticism of lawless judging is, accordingly, erroneous or misleading. The fact that a judge has deviated is not, in itself, a reason for censure, impeachment, removal, or any form of retaliation against her. It is not even a reason to vote against a judge when she runs for reelection, or a reason for a senator to vote against confirming a presidential nominee to the bench. Only a pattern of excessive deviation provides such reasons. Traditional theories of adjudication constrain judges to an extent that cannot be easily justified.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0067
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines judicial delinquency in India. Chief Justice Sabyasachi Mukharji observed that there is human devaluation and crisis of character in this judicial crisis. The devaluation was ...
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This chapter examines judicial delinquency in India. Chief Justice Sabyasachi Mukharji observed that there is human devaluation and crisis of character in this judicial crisis. The devaluation was accelerated by systematic moves by the Indira Gandhi government since 1973 and the Rajiv Gandhi government thereafter to suborn judges and undermine the independence of the judiciary. The chapter examines and discusses the problem of dealing with judges who are reasonably suspected of misconduct. While the Bar Associations and press have played a wild role in highlighting possible misconduct, the problem remaining. Is there no remedy short of impeachment? The chapter suggests two alternatives. One is to empower the proposed National Judicial Commission to undertake in camera probe to ascertain whether a prima facie case exists. The judge can then be given the option of resigning or facing impeachment proceedings. The other is to amend the Judges (Enquiry) Act 1968 and provide for a standing commission to look into complaints.Less
This chapter examines judicial delinquency in India. Chief Justice Sabyasachi Mukharji observed that there is human devaluation and crisis of character in this judicial crisis. The devaluation was accelerated by systematic moves by the Indira Gandhi government since 1973 and the Rajiv Gandhi government thereafter to suborn judges and undermine the independence of the judiciary. The chapter examines and discusses the problem of dealing with judges who are reasonably suspected of misconduct. While the Bar Associations and press have played a wild role in highlighting possible misconduct, the problem remaining. Is there no remedy short of impeachment? The chapter suggests two alternatives. One is to empower the proposed National Judicial Commission to undertake in camera probe to ascertain whether a prima facie case exists. The judge can then be given the option of resigning or facing impeachment proceedings. The other is to amend the Judges (Enquiry) Act 1968 and provide for a standing commission to look into complaints.
Kenneth Robert Janken
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9781469624839
- eISBN:
- 9781469624853
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469624839.001.0001
- Subject:
- History, African-American History
The case of the Wilmington Ten is one of the most egregious instances of injustice and political repression from the post-World War II Black Freedom Struggle. In February 1971, racial tension ...
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The case of the Wilmington Ten is one of the most egregious instances of injustice and political repression from the post-World War II Black Freedom Struggle. In February 1971, racial tension surrounding school desegregation in Wilmington, North Carolina culminated in four days of violence between white vigilantes and black residents. The turmoil resulted in two deaths, six injuries, more than $500,000 in damage, and the firebombing of a white-owned store, before the National Guard restored uneasy peace. Despite glaring irregularities in the subsequent trial, ten young persons were convicted of arson and conspiracy and then sentenced to a total of 282 years in prison. They became known internationally as the Wilmington Ten. A powerful movement arose within North Carolina and beyond to demand their freedom. Powered by the grassroots organizing of black nationalist organizations, it came to include adherents of other political ideologies, elected officials, foreign governments, and Amnesty International. After several witnesses admitted to perjury, in 1980, faced with both a mobilized domestic and international public outcry and overwhelming evidence of judicial and prosecutorial misconduct, a federal appellate court overturned the convictions. This book tells the dramatic story of the Ten, connecting their story to a larger arc of Black Power and the transformation of post-Civil Rights era political organizing. It thoroughly examines the 1971 events and the subsequent movement for justice that strongly influenced the wider African American freedom struggle.Less
The case of the Wilmington Ten is one of the most egregious instances of injustice and political repression from the post-World War II Black Freedom Struggle. In February 1971, racial tension surrounding school desegregation in Wilmington, North Carolina culminated in four days of violence between white vigilantes and black residents. The turmoil resulted in two deaths, six injuries, more than $500,000 in damage, and the firebombing of a white-owned store, before the National Guard restored uneasy peace. Despite glaring irregularities in the subsequent trial, ten young persons were convicted of arson and conspiracy and then sentenced to a total of 282 years in prison. They became known internationally as the Wilmington Ten. A powerful movement arose within North Carolina and beyond to demand their freedom. Powered by the grassroots organizing of black nationalist organizations, it came to include adherents of other political ideologies, elected officials, foreign governments, and Amnesty International. After several witnesses admitted to perjury, in 1980, faced with both a mobilized domestic and international public outcry and overwhelming evidence of judicial and prosecutorial misconduct, a federal appellate court overturned the convictions. This book tells the dramatic story of the Ten, connecting their story to a larger arc of Black Power and the transformation of post-Civil Rights era political organizing. It thoroughly examines the 1971 events and the subsequent movement for justice that strongly influenced the wider African American freedom struggle.
Po Jen Yap
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780198736370
- eISBN:
- 9780191799969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198736370.003.0004
- Subject:
- Law, Constitutional and Administrative Law, Comparative Law
This chapter examines judicial crises in Hong Kong, Malaysia, and Singapore, where monumental standoffs between the legislature/executive and judiciary shaped the current constitutional relationship ...
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This chapter examines judicial crises in Hong Kong, Malaysia, and Singapore, where monumental standoffs between the legislature/executive and judiciary shaped the current constitutional relationship between them. Section I examines the events following from the decision in Hong Kong of Ng Ka Ling v Director of Immigration, where the Court of Final Appeal asserted the judiciary’s power to declare any legislative acts of the National People’s Congress to be inconsistent with the Basic Law. Section II explores the Malaysian judicial crisis of 1988, during which three judges on the Supreme Court were impeached for judicial misconduct and removed from office. Section III analyses developments following the Singaporean decision of Chng Suan Tze v Minister of Home Affairs in which the Court of Appeal concluded that any Ministerial discretion to detain personnel under the Internal Security Act would be subject to an ‘objective’ test of review by the courts.Less
This chapter examines judicial crises in Hong Kong, Malaysia, and Singapore, where monumental standoffs between the legislature/executive and judiciary shaped the current constitutional relationship between them. Section I examines the events following from the decision in Hong Kong of Ng Ka Ling v Director of Immigration, where the Court of Final Appeal asserted the judiciary’s power to declare any legislative acts of the National People’s Congress to be inconsistent with the Basic Law. Section II explores the Malaysian judicial crisis of 1988, during which three judges on the Supreme Court were impeached for judicial misconduct and removed from office. Section III analyses developments following the Singaporean decision of Chng Suan Tze v Minister of Home Affairs in which the Court of Appeal concluded that any Ministerial discretion to detain personnel under the Internal Security Act would be subject to an ‘objective’ test of review by the courts.
Sudhanshu Ranjan
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780199490493
- eISBN:
- 9780199096275
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199490493.001.0001
- Subject:
- Law, Legal Profession and Ethics
A pathbreaking work on judicial accountability and independence. The work is remarkable for its extraordinary erudition as well as its straightforwardness. The author has the exemplary courage to ...
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A pathbreaking work on judicial accountability and independence. The work is remarkable for its extraordinary erudition as well as its straightforwardness. The author has the exemplary courage to speak the truth. He has not spared anyone holding everyone to account. He refuses to treat the judiciary as the holy cow and explains how the independence and accountability of judges are complimentary and complementary to each other. He holds judges accountable both for their conduct as well as for their judgements which are extra-legal. He questions judicial delays which frustrate justice under a design. If his suggestions are followed, delays will be a thing of the past. Lawyers are totally mercenary defending the indefensible in the name of right to defend, and they try to bury justice forgetting their role as the officers of the court. He has also presented beautifully how the law changes colour with the status of the party making a mockery of the right to equality. The author bemoans that judges live in the bygone days with all the trappings of colonial power reflected in the way they are addressed ‘My Lord’.Less
A pathbreaking work on judicial accountability and independence. The work is remarkable for its extraordinary erudition as well as its straightforwardness. The author has the exemplary courage to speak the truth. He has not spared anyone holding everyone to account. He refuses to treat the judiciary as the holy cow and explains how the independence and accountability of judges are complimentary and complementary to each other. He holds judges accountable both for their conduct as well as for their judgements which are extra-legal. He questions judicial delays which frustrate justice under a design. If his suggestions are followed, delays will be a thing of the past. Lawyers are totally mercenary defending the indefensible in the name of right to defend, and they try to bury justice forgetting their role as the officers of the court. He has also presented beautifully how the law changes colour with the status of the party making a mockery of the right to equality. The author bemoans that judges live in the bygone days with all the trappings of colonial power reflected in the way they are addressed ‘My Lord’.