High Court Justice MacMenamin Lecture on Judicial Independence
Mr. Justice MacMenamin of the High Court delivered a lecture on judicial independence at the Department of Law, National University of Ireland, Maynooth, on April 6, 2011. Professor Sandeep Gopalan introduced the judge as an individual who had made singular contributions to many areas of Irish law, most notably in the domain of children’s rights. He said that the lecture was on an important topic in the light of recent tensions between the judiciary and executive in many jurisdictions, most notably in the U.S. and the U.K. over terrorism related cases.
Justice MacMenamin commenced by stating that the concept of judicial independence was “like an elephant in a dark room; you cannot see what it is but will know if you don’t have it.” He said the concept included elements like trust, independence from the executive, adherence to rule and precedent, predictability, self-conscious independence and restraint. Justice MacMenamin contrasted the Irish legal system with many civil law systems where the prosecutorial function and judicial function are “too closely intertwined.”
The judge reminded the audience that “things we take for granted (absence of corruption in the judiciary) do not always exist in other countries.” He said the judges in Ireland are amongst the most fortunate because independence is respected. Continuing on that theme he said, “respect for the rule of law is reduced if judges are corrupt and we in Ireland are very lucky.” Colombia, Zimbabwe and Pakistan presented recent instances where judges were killed or otherwise intimidated.
Justice MacMenamin closed his lecture with a quote by Alexander Hamilton from The Federalist Papers (no. 78): “The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”
He concluded that the judiciary “is like a diamond in a democracy, it reflects and refracts values of society, resists pressure and attempts to be crystal clear.”
Maynooth law students posed several questions on how judges make decisions, the role of precedent and the separation of powers.
