Tuesday, August 04, 2015

Bingham Centre Report on Judicial Appointments in Commonwealth Countries

The London-based Bingham Centre for the Rule of Law has just published a report on The Appointment, Tenure and Removal of Judges under Commonwealth Principles: A Compendium and Analysis of Best Practice.

 The study, funded by the Commonwealth Secretariat, provides an overview of current arrangements in the 53 member states of the Commonwealth including Canada, and seeks to identify best practices under the Commonwealth Principles on the Accountability of and the Relationship between the Three Branches of Government (also known as the 'Latimer House Principles').

From the foreward:
"When Commonwealth Heads of Government at their meeting in Abuja in 2003 adopted the Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government, they demonstrated continuing Commonwealth commitment to advancing respect for the separation of powers including judicial independence, and a collective determination to raise levels of practical observance (...)"

"This Compendium on the appointment, tenure and removal of judges in the Commonwealth outlines the various constitutional arrangements in Commonwealth member states, and makes recommendations. It also indicates best practice in the appointment, security of tenure, and removal of judges in light of the Latimer House Principles. It analyses statistics, soft law instruments, commentaries, and recent developments, as well as the composition and workings of judicial appointments commissions in Commonwealth member states."

"Our hope is that the best practices shared in this publication, and other agreed Commonwealth values and principles, will assist member states in formulating legislative and institutional policy, and with strengthening independence and accountability in the relationships between the three
branches of government (...)"

"Accordingly, the Compendium stresses the importance of judiciaries that are independent, impartial and efficient. If the rule of law is to be respected, it is necessary to have fair and impartial processes for resolving disputes; for correct and clear interpretation and application of the law; and, for holding governments, institutions, and private individuals accountable."
The Bingham Centre for the Rule of Law is named after Tom Bingham (The Rt Hon Lord Bingham of Cornhill) who died in 2010. During his long judicial career, he filled many positions including that of Lord Chief Justice of England and Wales.

The Centre is dedicated to the promotion and enhancement of the rule of law worldwide. It is based at the British Institute of International and Comparative Law in London.

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posted by Michel-Adrien at 7:06 pm


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