Extra-Judicial Comment By Judges

Judicial Studies Institute Journal, Vol. 5, No. 1, pp. 199-212, 2005

14 Pages Posted: 5 Jun 2007

See all articles by Rónán Kennedy

Rónán Kennedy

National University of Ireland, Galway (NUIG) - School of Law

Abstract

The issue of what judges may say (or write) when they are not on the bench is an important one, but one that is rarely considered in Ireland. This article looks at recent occasions where extrajudicial speech has been the subject of public comment in Ireland. It then examines case law from other jurisdictions, focusing on examples from common law countries and looking in some detail at the American experience, where formal rules have been drawn up and applied to a large number of cases. It attempts to distil these into a theory of how extra-judicial comment should be limited and to provide practical guidance for the Irish context.

Keywords: speech, judiciary, judicial ethics, extra-judicial speech, freedom of speech

JEL Classification: K40

Suggested Citation

Kennedy, Rónán, Extra-Judicial Comment By Judges. Judicial Studies Institute Journal, Vol. 5, No. 1, pp. 199-212, 2005. Available at SSRN: https://ssrn.com/abstract=991333

Rónán Kennedy (Contact Author)

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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