One of the most common questions when discussing justice is whether a judge can be completely impartial.
Do ideology, personal beliefs or ways of thinking influence judicial decisions?
As Ignacio Estradé explains in one of our TikTok videos, the answer is not that simple. However, the judicial system does provide clear mechanisms to guarantee objectivity.
Impartiality as a Fundamental Principle
Judicial impartiality is one of the core pillars of the rule of law.
Judges are required to decide cases based exclusively on the law and the evidence, not on their personal, ideological or moral beliefs.
The system does not assume that judges have no personal views — they are human — but rather that those views must not influence their rulings.
Can Ideology Affect Judicial Decisions?
From a legal standpoint, it should not.
Judicial decisions must be reasoned, grounded in legal rules and based on an objective assessment of the evidence presented in the proceedings.
In addition, judicial decisions may be appealed and reviewed by higher courts, which provides an additional layer of control and safeguards.
The Mechanisms That Guarantee Impartiality
To avoid any doubt regarding a judge’s objectivity, the legal system provides two key mechanisms: recusal and voluntary withdrawal.
Recusal
Recusal is a request made by one of the parties to the proceedings when there is a potential conflict of interest that could affect the judge’s impartiality.
This may occur, for example, when there is:
– A personal relationship with one of the parties.
– A direct or indirect interest in the matter.
– Prior involvement in the case.
In such situations, a party may request that the judge does not hear the case.
Voluntary Withdrawal
Voluntary withdrawal operates differently.
In this case, it is the judge who, on their own initiative, decides to step aside from the case upon recognising a circumstance that could compromise their impartiality.
This mechanism strengthens confidence in the system, as it shows that judges are aware of and committed to their duty of neutrality.
Impartiality Does Not Mean Lack of Oversight
The judicial system does not rely solely on a judge’s good faith.
It is supported by rules, procedures, appeals and oversight mechanisms designed to ensure that no one is judged without proper safeguards.
Impartiality is not a matter of belief, but of legal structure.
A Justice System That Inspires Trust
A judge being impartial does not mean that all parties will agree with the judgment.
It means that the decision has been made in accordance with the law, respecting due process and providing sufficient guarantees for everyone involved.
At Estradé Law Firm, we advocate for an objective, transparent and rights-based justice system, because only in this way can real public trust be built.
