Freedom of Expression of Judges in their Academic Research
Abstract
Freedom of expression allows for the democratization of the judiciary. Judges have the right to freely express their thoughts, ideas, and opinions by any means of communication. Such freedom is a basis in academia, involving the ability to explain the conclusions of an investigation as a statement based on reasoning and evidence. Conclusions may be right or wrong, but they are freely expressed. However, the exercise of this freedom entails limitations: the maintenance of neutral, objective, and impeccable conduct of judges. These limitations guarantee the principles of impartiality and independence in the administration of justice-the principles that seek to preserve the dignity of the jurisdictional functions and the impartiality and independence of the judiciary. Judges may speak and write freely, as long as they do not promote ideas that may compromise impartiality and independence. Indeed, the freedom of expression of persons exercising jurisdictional functions is subject to greater restrictions. But the restriction to this right does not imply that any manifestation or expression issued by a judge may be restricted.
Key words: freedom, independence, restrictions
Downloads
Published
Issue
Section
License
The Global Partners in Education Journal (the “Publisher”) and the Author(s) agree as follows:
1. Author(s) hereby grant to Publisher all right, title, and interest in and to the Work, including copyright to all means of expression by any method now known or hereafter developed, including electronic format. If Publisher does not publish the Work within two (2) years of the Effective Date, copyright shall revert back to the Author. Publisher agrees to always credit Author(s) as the author(s) of the Work.
2. Publisher hereby grants Author a royalty-free, limited license for the following purposes, provided the Work is always identified as having first been published by Publisher.
• The right to make and distribute copies of all or part of the Work for use in teaching;
• The right to use all or part of the material contained in the Work in a book by the Author(s), or in a collection of the Author(s)’s work;
• The right to use and distribute the Work internally at the Author(s)’s place of employment, and for promotion and any other non-commercial purposes;
• The right to use figures and tables from the Work for any purpose;
• The right to make presentations of material from the Work;
• The right to use and distribute the Work on the Author(s)’s Web site and on the Author(s)’s university’s institute repository;
Such license shall be effective when the Work is first published in the Journal of Curriculum and Instruction.
3. The Author(s) represents and warrants that the Work: (a) is the Author(s)’s original work and that Author(s) has full power to enter into this agreement; (b) does not infringe the copyright or property right of another; (c) contains no materials which is obscene, libelous, defamatory or violates another’s civil right, right of privacy, or is otherwise unlawful; and (d) has not been previously published, in whole or in part. Author(s) shall indemnify and hold Publisher harmless against loss or expenses arising from breach of any such warranties.
