Professional ethics of judges in court Meida Anggi Fahira; Syawaludin Nur A. Fahmi
Metro Islamic Law Review,
12/2022, Letnik:
1, Številka:
2
Journal Article
Recenzirano
Odprti dostop
The discourse of thought departs from the reality of law enforcers (especially judges) who ignore moral values. Even though professional actors (judges) already have a professional code of ethics as ...a moral standard, it has not had a positive impact, especially not being able to change society's negative image of faces. One way to uphold the rule of law is by maintaining ethics, professionalism, and discipline. The code of ethics for the profession of judges in principle contains moral values that underlie professional personality, namely freedom, justice, and honesty.
Thurgood Marshall Crew, Spencer R
2019, 2019-09-30, 2019-09-13
eBook
This compelling new biography introduces the reader to the constant battles for equality faced by African Americans through a study of the career of Thurgood Marshall, who believed in the power of ...the law to change a society.- Provides the reader with a better understanding of the challenges faced by African Americans in the twentieth century- Highlights the courage and determination of Marshall in the face of constant danger as well as the courage of the individuals who were willing to go to court in spite of the attacks and repercussions they faced in their communities- Illustrates the importance of the Supreme Court with regard to progress in civil rights- Brings to light Marshall's importance as a protector of human rights while serving as a Supreme Court Justice- Points out the key court cases that undermined the system of segregation in the United States- Includes archival photographs and primary documents related to help bring Marshall's experiences to life
The Poetic Justice Reveley, W. Taylor; Thomas, John Charles
10/2022
eBook
This inspiring memoir begins in 1983, on the day John Charles
Thomas was sworn in as the first Black-and, at thirty-two years of
age, the youngest-justice of the Supreme Court of Virginia in the
...commonwealth's history. This high point was preceded, however, by a
life that began in a home broken by poverty, alcoholism, and
violence, and the segregated schools and neighborhoods of postwar
Norfolk. How this triumph against such tremendous odds came about
is no feel-good story or fable but a real-life journey full of
poignant stories.
This eloquent memoir is the work of a man who cares deeply about
language. In addition to being a social justice pioneer, Judge
Thomas is an accomplished poet who has recited his poetry to a
Carnegie Hall audience and who here reflects on his twin loves of
poetry and the law. As he chronicles his trajectory from the "wrong
side of the tracks" in Norfolk to the supreme court bench in
Richmond, he takes us from his difficult beginnings to a
professional life as a Virginia lawyer, recounts his international
travels, and shares his encounters with world leaders such as Chuck
Robb and Mikhail Gorbachev. Thomas's memoir highlights these lofty
meetings but also relates with candor the challenges he encountered
as he battled the systemic racism that suffuses U.S. society to
this day.
When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written-the one that had established a ...federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan experts, an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court-the most important of them explained in these pages in clear, non-lawyerly language-he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet ...regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Judges have basic collective rights, i.e., they, being represented by duly authorized professional organizations, have the right to participate in social partnership processes, including the right to ...initiate a collective labor dispute for their interests and the right to strike. In order to fully realize these rights, judges must ensure adequate representation of their interests, so they are offered the ability to adjust the statutes of already operating professional organizations of judges or to establish a trade union of judges. The specifics of the social partnership in which judges participate are determined by the specifics of their legal status. When judges’ representatives combine their work, social and economic interests to the extent that they are related to the need for additional budget allocations, the employer is represented in the broadest sense by the Government of the Republic of Lithuania or an institution authorized by it. The interests of judges, which are not related to the need for additional budget allocations, can be combined (i) by the participation of judges in the General Meeting of Judges, and in the meeting of judges of the specific court where the judge performs their duties, and (ii) by the duly authorized professional organizations of judges negotiating with the Council of Judges in the areas where the latter fulfils the duties of the employer’s representative. The competence of the Council of Judges includes, among other things, the representation of judges’ work, social and economic interests; therefore, in order to achieve the most favorable result for judges in this area, effective cooperation between the Council of Judges and professional organizations representing judges should be aimed for in this area.
