Impartiality of the Court and the Judge as an Element of Building the Public Trust in the Judiciary Cover Image

Bezstronność sądu i sędziego jako element budowania zaufania do władzy sądowniczej
Impartiality of the Court and the Judge as an Element of Building the Public Trust in the Judiciary

Author(s): Maria Grzymisławska-Cybulska
Subject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice
Published by: Kancelaria Sejmu
Keywords: impartiality; autonomy; judges’ independence

Summary/Abstract: The subject matter of this article is impartiality. It is addressed in the context of the rule of law and a democratic state legislature’s intent for judiciary to play a certain role. Therefore, this article focuses on a theory that the legislature aims for the impartiality to be both the court’s (as an institution) and the judge’s, (as a person) feature. The author points to a similar meaning of the notions: autonomy, independence and impartiality. Many factors can infl uence a proper understanding of those terms. Furthermore, the article focuses on the importance of impartiality for building and enhancing the public’s trust in the judiciary. This analysis touches on the impartiality as an unbiased decision as well as the impartial decision-making procedure. Another aspect discussed in this essay is building the public’s confidence in the judiciary’s impartiality. It’s one issue to respect the procedural impartiality safeguards and another one to create a social perception of the court’s impartiality.

  • Issue Year: 2017
  • Issue No: 5
  • Page Range: 15-31
  • Page Count: 17
  • Language: Polish