Related News

Find a Baltimore criminal attorney that is ready to help.

Find contact information for Stephen Baidoe Ansah on his 192 listing

Connect with FDC Law on their LinkedIn page today

Visit the Carpenters Law information blog by clicking here

Independence of Judges vs Seeking Justice

Judges use more practical reason is closely connected with the background of each judge concerned. Moreover, in practice, many judges in deciding cases liberty is always influenced by some of the attributes that has always been its terms of reference, among others, the judge cannot just stick to the principle of legality alone (homo yuridicus), because it must also underlie the ethical principle or moral virtue (homo ethics) and other virtues such as primacy theological (homo religious).

Moderate understanding of the independence of judges is, if a judge in the hearing and deciding a case, free in exploring, follow and understand the legal values that live in the community, and free from all external influences that could alter beliefs about its sense of justice.

Independence of judges should not be construed freedom without limits, by accentuating the arrogant attitude of authority (arrogance of power) to manipulate these freedoms to justify the means.

But freedom must be based on application of the law resulting from legislation and correct, correctly interpreting the law are justified approach, and the freedom to seek and find the law (recht vinding).

In practice many victimized by the practice of justice seekers license this judge, because the judge erroneously understand the meaning of freedom of judiciary (judicial independency), so by the judge-judge judicial conduct encroachment and abuse of authority, which resulted in the judge synonymous with justice and law.

Leave a Reply