the amount of compensation that could be paid in each individual case.Article 35.5 of the Constitution provides: the remuneration of a Judge should not be reduced during his countaince in office. This is important, as so members of the Judiciary do not feel “obliged” to the Government as continued remuneration depended on them. In the past the Judiciary might have felt that they should make decisions that would not offend those in authority. That however has changed and can be seen in cases such as the Hepatitis C scandal and Army deafness claims. There was also a case in October of this year where Mr. Justice Peter Kelly threatened to hold three Government Ministers in contempt of court if they did not provide a suitable place of detention for a seriously disturbed seventeen year old girl according to the standards set down by him. This led to a conflict between the Government and the High Court. Cases like these show that judges no longer feel ‘obliged’ to the government.Article 35.2 states: All Judges shall be independent in the exercise of their judicial function and subject only to the Constitution and the law. In the “O’Brien V Minister of Finance” the widow of Mr. Justice John O’Brien claimed that subjecting a Judge’s conflict with Article 35.5 must be read with article 35.2. However the court held that to require a Judge to pay income tax like all other citizens could not be described as an attack on Judicial Independence.JUDICIAL INDEPENDENCE: IN COURTIn a case a Judge may be required to be excused from the adjudicating on a matter where they have expressed a view on an issue in question. A Fundamental principal of natural justice or fair procedure is expressed by the phrase nemo judex in-causa soa, that a person may not be a judge in their own cause or in a matter in which they have an interest, whether financial or otherwise. All sides to ensure a fair procedure ...
