Thu, 21.10.10
justice must be visible
I have penchant for the European Court of Human Rights’ frequently invoked principle that “[i]t is not merely of some importance but it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” The quotation is taken from a King’s Bench Division decision in 1924, R. v. Sussex Justices, Ex parte McCarthy.
It comes to mind in the current discussion of the judgement rendered in Austria’s biggest banking-trail to date, related to the BAWAG-Bank. The then judge is now the Minister of Justice. The judgement is currently under review in the Appeals Court and the prosecution has voiced criticism over some of the findings. The ensuing public debate also questions the wisdom of making the judge, Mrs. Bandion-Ortner, Justice Minister. I post here the commentary I wrote in January 2009, right after her appointment in juridikum – juridikum-2009-kommentar.pdf – and liga: liga-012009. Apologies for German version only.