Introduction

This is an individual task which require to show how judicial Ethics helps on the judiciary to
exercise its function as per Article 108B of the Constitution of United Republic of Tanzania1.

Judicial Ethics

Are essential norms and standards of conduct which every judicial officers is under obligation to
conform to. In Tanzania judicial ethics are governed by various laws under which there are
Constitution of The United Republic of Tanzania, specifically under Article 112(1) 2 which
establishes the judicial service commission, also there are various other legal framework for that
specific purpose like The Judicial Administration Act. This Act of parliament establishes the
judicial ethics committee under the provision of section 46, International standards of judicial
conduct (The Bangalore Principles of judicial conduct) and other relevant laws for that purpose.
In other hand judicial ethics can be defined as the body of moral principles that control, influence
or guide the conduct of behavior of judicial officers.

The purpose of having judicial Ethics is for the judiciary to be effective to command
acceptability and respectability.

Main body

I agreed with the statement of the question that it’s true without judicial ethics the judiciary
cannot exercise its function as per Article 108B, because under that Article provides for the same
things which the principle of judicial ethics provide.

Judicial ethics ensure the competence and diligence;

When judicial officers conducting their activities should provide quality and competence
services to the society with considering ethics and value for that purpose. According to the
provision of value 6 of The Bangalore Principles of Judicial Conduct 3. This provision provided
inter alia that the competence and diligence are prerequisites to the due performance of judicial
office. So as according to this ethics the judicial officer shall provide competence and quality
service to the society.

1
1977 as amended from time to time
2
ibid
3
(2002)
Judicial ethics help to ensure the equality

Equality this provided under Value 5 of The Bangalore principles4 This provision stated to
the effect that “ensuring equality of treatment to all before the courts is essential to the due
performance of the judicial office” so as judges and other judicial officers should be aware of,
and understand diversity in society and differences arising from various sources, including but
not limited to race, color, sex, religion, national origin, caste, disability, age, marital status,
sexual orientation, social and economic status and other like causes so as judges should avoid
such kind of discrimination resulted by those differences and shall improve equality during the
event of administering justice.

Judicial ethics maintain and safeguard the independence of judiciary

In dispense of justice the judicial officer must independently without threatens or inducement
under the provision of rule 4 of The Code of Conduct and Ethics for Judicial Officers 5. This
provision provide for the judicial independence to mean independence of judiciary is
indispensable to impartial justice under the law. A judicial officer must, therefore, uphold and
exemplify judicial independence in both its individual and institutional aspects to reinforce
public confidence before the judiciary. So judicial Ethics is enforce Article 108B to be exercised.

Judicial Ethics help to maintain confidence in the expectations of citizens

Judicial ethics provide various principles and rules for the performance of judicial activities to
the judicial officers who practice to the various courts in the country. For example The
Bangalore Principles of Judicial Conduct. The contain various principles and values for the
judicial officers to conduct their adjudicative activities without infringe the expectation of the
citizens to the judiciary organ this is because the citizens believe that organ of the state is the
main organ for the administration of justice, so as judicial ethics is there in order to facilitate that
function of the judicial organ in the country. This provided under value 4 of The Bangalore
Principles of Judicial Conduct6. This provided to the effect that a judges shall avoid impropriety
and the appearance of impropriety in all of the judge’s activities.

Judicial ethics help to ensure the impartiality

4
(2002)
5
G.N 1001 of 2020
6
(2002)
One among the things mentioned under Article 108B of The Constitution is impartiality to all,
means in dissension of justice judges should not be bias, also in order to enforce it one among
the principle of judicial ethics is impartiality as provided under value 2 of The Bangalore
Principles of Judicial Conduct7 provides that impartiality is essential to the proper discharge of
the judicial office. It applies not only to the decision itself but also to the process by which the
decision is made.

Judicial ethics help to ensure the integrity

Also on the same Article integrity is one of the thing which mentioned that on dissension of
justice judges should be integrity means to be reasonable on their decision, on enforcing that the
judicial Ethics also set it as its principle so that every judicial officer should adhere ii as provided
under value 3 The Bangalore Principles of Judicial Conduct8

Judicial ethics help to ensure the propriety

this principle it bound the judge to avoid impropriety where by the judge must conduct with
dignity of his profession so every judicial officers must adhere ii as provided under value 4 The
Bangalore Principles of Judicial Conduct9

Conclusion

In order Article 107b to be effectively to the judicial officers, the principles of judicial conduct
come to enforce it. So the principle of judicial conduct is very important because it came to
shape the behavior of judicial officers so that the achieve acceptability and respectability of
judiciary.

BIBLIOGRAPHY

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(2002)

8
(2002)
9
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CONSTITUTION

Constitution of The United Republic of Tanzania of 1977 as amended from time to time

STATUTES

The Bangalore Principles of Judicial Conduct (2002)

The Code of Conduct and Ethics for Judicial Officers (G.N 1001 of 2020)