Disciplinary Responsibility Of Judges And Judicial Employees In England And Wales

Journal Issue:

Author Information: 

Assistant of the Judge at the Arbitration Court of the Moscow Region

Abstract: 

Present article is devoted to the topical issues of the judges and judicial employees’ disciplinary responsibility in England and Wales after the adoption of the Constitutional Reform Act and creation of the new disciplinary bodies. Present article contains a short analysis of the mechanism of professional and ethical standards among judges and magistrates of England and Wales maintenance, possible conflict of interests settlement and questions of conduct in the need of disciplinary trial. Author consider features of the lord powers - chancellor in the questions of bringing judges and magistrates to the disciplinary responsibility, interaction of the Lord Chancellor with the Lord - Supreme Judge and the Ministry of Justice in the questions of the disciplinary investigations organization and conduct. At the same time author considers an aspect that responsibility before the civil society has an informal character and doesn't assume carrying out any trial. At the same time possibility of judge's and court's employees behavior discussion by public organizations and associations and also in press is a usual practice. In the conclusion author notes that to the number of features of English model of the disciplinary responsibility of judges and judicial employees it is necessary to include active participation of public authorities in the process of trial on the complaints in regard to actions of judges and judicial employees (Ministry of Justice is authorized to conduct such trials), the dual legal nature of such decision on the complaint which is taken out not only on behalf of the judicial community, but also a name of the Lord Chancellor appointed by the Parliament, general procedure of the judge's and worker's of courts, and also coroners accountability.

Keywords: 

disciplinary accountability, Bangalore principles, Lord Chancellor, Advisory Committees, Judicial Conduct Investigations Office, England, Wales.

REFERENCES: 

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