Thursday, August 2, 2007

The Judges and Magistrates We Want...Mutongi Gava

Chief Justice Arthur Vanderbilt then of New Jersey, United States of America in his book, The Challenge of Reform (1955 Princeton University Press at p. 11) wrote:

"We need judges learned in the law, not merely the law in the books but, something far more difficult to acquire, the law as applied in action in the courtroom; judges deeply versed in the mysteries of human nature and adept in the discovery of the truth in the discordant testimony of fallible human beings; judges beholden to no man, independent and honest and ­equally important - believed by all men to be independent and honest judges above all, fired with the consuming zeal to mete out justice according to law to every man, woman and child that may come before them and to preserve individual freedom against any aggression of government; judges with the humility born of wisdom, patient and untiring in the search for the truth and keenly conscious of the evils arising in a workday world from any unnecessary delay. Judges with all these attributes are not easy to find, but which of these traits do we eliminate if we are to hope for evenhanded Justice?"

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