The Limits to Judges’ Free Speech: A Comment on the Report of the Committee of Investigation into the Conduct of the Honourable Mr. Justice Berger

Abstract

Basing his analysis on a theoretical examination of judicial independence, impartiality, the desirability of judges maintaining a certain moral standard in their private lives, and the need to prevent the abuse of judicial authority, the author suggests appropriate limits to extra-judicial comment. In light of these guidelines Mr. Justice Berger's comments are found to have been acceptable judicial behaviour, and accordingly the holding of the Committee of Investigation is criticized.