Thierry S. RENOUX - The freedom of the judges

Pouvoirs n°74 - Les juges - septembre 1995 - p.56-71

Judges, be they professional or occasional, should know where to stop : they should not substitute their decision to that of the political authorities since they are free from any of the responsibilities attached to political power. Rather than describing a function, the term « judge » seems to become a label describing a legitimizing institution : the duty to judge seems to disappear inevitably while, at the same time, the right to judge, i.e. to interpret the law, is being claimed by an increasing number of judges, even in cases of out-of-court settlements. The fragile freedom of the magistrate lies in the delicate balance between the traditional duty to judge and the claim of being the judge. Résumé

Référence électonique : Thierry S. RENOUX , "The freedom of the judges", Pouvoirs, revue française d’études constitutionnelles et politiques, n°74, 1995, p.56-71. Consulté le 02-06-2012. URL : http://www.revue-pouvoirs.fr/The-freedom-of-the-judges.html