Advertisement

Patriotism on the bench? There's not much of a case

Justice is done and seen to be done because our system embraces values like impartiality

Reading Time:2 minutes
Why you can trust SCMP
Simon T.M. Ng is an assistant professor at the School of Professional and Continuing Education, University of Hong Kong.

Judicial independence is at the core of the rule of law ideal. Judicial process can be viewed as a reasoning process based on rules, principles, norms, values and facts leading to an authoritative judgment.

Advertisement

When the judiciary is taken as a government function, it has to be distinguished from the other two functions - the legislative and executive. Its independence from them is essential as this is the best way to protect reasoned judgment from interventions by other sources - however well-intended and whatever desirable consequences they may bring.

Professional judges guarantee the judiciary operates on legal knowledge and skills, and is autonomous. Judicial independence and autonomy protect rationality from the meddling of power politics. It prevents the government from being its own judge, too.

Advertisement

From empirical research, our legal system has been consistently regarded by the people as a fair public institution in the last two decades or so. The people believe our judges are fair, independent and impartial. Judges stand out as the most trusted of legal personnel.

Research also indicates a significant correlation between people's faith in the legal system and judges' impartiality.

Advertisement
Advertisement