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The Judge's Responsibility to Respect Constitution and Law

The Judge's Responsibility to Respect Constitution and Law

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2020-12-20 10:30:00

Judges are the custodians of the proper implementation of the law to ensure the protection of rights on which  society is built  and justice is prevailed. Therefore, the behavior of judges, whether in place of work or outside, should be at the level of the trust deposited with them, in addition  the law imposes obligations on judges that are the duties of employees and those charged with public service in various sectors of the state because the judge is also entrusted with providing this public service . However, the judicial position imposes obligations on judges  to achieve a guarantee of the honor and integrity of the work of the judiciary, including their obligation to take adequate care to avoid error, otherwise they will be held accountability, which is the real basis of the legal system, otherwise ,the law  will be useless. In countries that respect the law, everyone is subject to the rule of law, whether from members of the legislative and executive branches or the judicial authority, which is more important than others to submit to the rule of law, as it is responsible for its implementation. However, the accountability of judges is naturally different from the that of members of the legislative and executive authorities because of the nature of the work of judges and what is required that judges enjoy independence and impartiality. The mechanism for holding judges accountable for the mistakes they commit should not lead to affect this independence and impartiality.

Therefore, we find that the law provides immunity to judges, as Article (64) of Judicial Organization Law No. (160) of 1979 stipulated that no judge shall be detained or have criminal proceeding carried out against him , in cases other than those involved in a flagrant felony , except after obtaining the permission of the President of the Supreme Judicial Council. This immunity is not absolute, as judges can be held accountable for every act that constitutes a violation of the constitution and the law and acts of negligence that may occur when they practice the judicial work. The judge’s punishment may reach termination of service according to the provisions of Article (58 / third) of Judicial Organization Law if a final judgment is passed against him. Punishment by a competent court for an indelible act and the honor of a judicial position as indicated in Article 61 / First of the aforementioned law.

The Judicial Affairs Committee decides to refer the judge to the competent court if it finds that the act attributed to him is a felony or misdemeanor. Therefore, we find that the judge, like other citizens, is subject to criminal accountability when he commits any criminal act according to Penal Code and other laws, for example Article (234) of Penal Code No. (111) of 1969 punishes a judge with imprisonment and a fine if he issues a judgment that is proven to be unlawful. Likewise, the judge, like employees and those charged with a public service, is subject to the provisions of Article ( 329/1) of Penal Code if his judgment causes to suspend a ruling of a constitutional or legal text in force. He is subject to the provisions of Article (330) of the aforementioned law if he deliberately breaches a duty of his duties. We believe that these legal texts and others that are applied to judges for their acts in violation of the constitution and the law and their serious application contribute to enhancing the citizen’s confidence in the judiciary, because when the citizen sees that the judge is punished for committing act that violates the constitution and the law, confidence in the justice of the judiciary will be strengthened. Otherwise, the confidence is declined because those in charge of it are not bound by the rule of the constitution and the law, so how can they be trusted to apply the provisions of the constitution and the law to others?

The duty which is the respect the constitution and the laws in force and applying them honestly and impartially, is the basis on which the judicial work is based, so we find that the legislator was keen to include this obligation in the wording of the oath that the judge performs before practicing his judicial work according to Article (37 / Second) of Judicial Organization Law. No. (160) of 1979 and Article (7) of Order No. (30) of 2005  of Federal Court Law. I address my call with love and eagerness to my colleagues judges for bearing in mind that justice is one of the names of God. Justice is the basis of the message of the prophets and messengers who were sent by God , and the judiciary safeguards blood, honor, and money. The jurisdiction of the judiciary is the highest one, the most cherished and the most honorable. Therefore all judges must distance themselves from all behavior that violates the constitution or the law.

 

Faiq Zidan

2020.12.13

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