Saturday, 25th February 2017

Bangalore Principles

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Bangalore Principles of Judicial Conduct

 

These are intended to establish standards for ethical conduct of judges. They are designed to provide guidance to judges and to afford the judiciary a framework for regulating judicial conduct. They are also intended to assist members of the executive and the legislature, and lawyers and the public in general, to better understand and support the judiciary.

These principles presuppose that judges are accountable for their conduct to appropriate institutions established to maintain judicial standards, which are themselves independent and impartial, and are intended to supplement and not to derogate from existing rules of law and conduct which bind the judge.

Six core values are recognized:

    • independence,
    • impartiality,
    • integrity,
    • propriety,
    • equality and
    • competence and diligence.

The Principles define their meaning and elaborate in detail on what kind of conduct is to be expected in concrete terms of the persons concerned in order to put the respective value into practice. A number of specific instructions are given under each of the values.

Not only have some States adopted the Bangalore Principles; but others have modelled their own Principles of Judicial Conduct on them.

International organisations have also looked at them with favour and given them their endorsement. The United Nations Social and Economic Council, by resolution 2006/ 23, has invited member States consistent with their domestic legal systems to encourage their judiciaries to take into consideration the Bangalore Principles of Judicial Conduct when reviewing or developing rules with respect to the professional and ethical conduct of the members of the judiciary.

The United Nations Office on Drugs and Crime has actively supported them and they has also received recognition from bodies such as the American Bar Association and the International Commission of Jurists. The judges of the member States of the Council of Europe have also given it their favourable consideration.

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Universal Declaration of Human Rights, Article 10: "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

 

 

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