Freedom of Expression of Judges in their Academic Research
Abstract
Freedom of expression allows for the democratization of the judiciary. Judges have the right to freely express their thoughts, ideas, and opinions by any means of communication. Such freedom is a basis in academia, involving the ability to explain the conclusions of an investigation as a statement based on reasoning and evidence. Conclusions may be right or wrong, but they are freely expressed. However, the exercise of this freedom entails limitations: the maintenance of neutral, objective, and impeccable conduct of judges. These limitations guarantee the principles of impartiality and independence in the administration of justice-the principles that seek to preserve the dignity of the jurisdictional functions and the impartiality and independence of the judiciary. Judges may speak and write freely, as long as they do not promote ideas that may compromise impartiality and independence. Indeed, the freedom of expression of persons exercising jurisdictional functions is subject to greater restrictions. But the restriction to this right does not imply that any manifestation or expression issued by a judge may be restricted.
Key words: freedom, independence, restrictions
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