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Relation between Judicial Ethics and Human Rights

Název česky Vztah mezi etikou soudců a lidskými právy


Druh Další prezentace na konferencích
Popis This paper focuses on the relation between judicial ethics and human rights, in particular freedom of speech. The paper describes the limits of judicial free speech, imposed by the Czech disciplinary court, and deals with the court's argumentation used in the first case defining limits of judicial free speech. Court's ruling is based on the distinction between disciplinary offence and breach of non-written rules of judicial ethics, whereas the second mentioned imposes no legal limitation on the free speech of judges. The paper points out that the court's argumentation in this case was based on different ethical approaches (deontological and consequentialist approach). Use of one or another ethical approach differs in accordance to the fact whether the court wanted to justify the commitment of the disciplinary offence or just the breach of non-written rules of judicial ethics
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