Is judicial integrity a norm?&lt;br&gt; An inquiry into the concept of judicial integrity in England and the Netherlands

Jonathan Soeharno

doi:10.18352/ulr.34

Abstract

Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.

Highlights

We may note that in regard to violations or suspicions the term integrity is freely used
I will do this by asking two questions: What is the discourse on judicial integrity about? and: Is judicial integrity a norm of its own, or can it be inferred from other norms, such as the rule of law or democracy? With the first question I enquire after how judicial integrity is used in a quotidian sense
I enquire after the normative structure of judicial integrity

Summary

Introduction1

Much concern is expressed about the safeguarding of the integrity of judges – but what is judicial integrity?. I will do this by asking two questions: What is the discourse on judicial integrity about? I enquire after the normative structure of judicial integrity. As to the first question, the discourse[2] on the integrity of judges seems to have a dual character. There are debates in which integrity is at stake according to the participants (Section 2). The second question will be treated in the form of an inquiry into the normative structure of the concept of judicial integrity within the context of democracy and rule of law (Section 4). There are overlapping trends, there is not one single discourse on integrity It differs significantly per profession and in the case of judges, per jurisdiction. England’s traditions of personalized judgments, oral trial and media attention for individual judges have resulted in ample experience on the topic of judicial integrity.[4]

Judges on trial

European and national developments in regard to safeguarding

Understanding judicial integrity

Findings

Conclusion