LJU4801 Semester 01 Assignment 01
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018)
43 (1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you concentrate
on legal philosophy and not so much legislation. (Max word count 200.) (5)
Tsele1 deliberates the relationship and apparent tension between a Judge‘s duty to
apply the law in a fair and impartial manner and his or her own personal right to
freedom of religion, and the extent to which those religious views might influence a
judge in the adjudication of disputes. He argues that there is nothing inherently wrong
with judicial officers’ talking publicly about issues that are dear to them, even if such
issues relate to religious, political, or other controversial subjects.2 In the context of
judicial adjudication, it is unrealistic to expect judges to completely disassociate
themselves from their religious principles, since there is no such thing as neutral
person.3
Tsele further argues that religion can be useful within the context of adjudication,
particularly where its dictates are consistent with the spirit, purport and object of the
Bill of Rights.4 Impermissibility only occurs when the judge allows their religious views
to override legal principles, or where a judge confuses his religious views for law. 5
Judge are citizens entitled to hold religious views and to freely express those views as
long as it does not compromise the discharge of his or her judicial duties.
1 M Tsele ‘Rights and Religion; Bias and Beliefs: Can a Judge Speak God?’ (2018) 43 (1) Journal
for Juridical Sciences 1 – 25.
2 Tsele, (2018) Journal of Juridical Sciences at 11.
3 Tsele, (2018) Journal of Juridical Sciences at 15.
4 Tsele, (2018) Journal of Juridical Sciences at 21.
5 Tsele, (2018) Journal of Juridical Sciences at 18.
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018)
43 (1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you concentrate
on legal philosophy and not so much legislation. (Max word count 200.) (5)
Tsele1 deliberates the relationship and apparent tension between a Judge‘s duty to
apply the law in a fair and impartial manner and his or her own personal right to
freedom of religion, and the extent to which those religious views might influence a
judge in the adjudication of disputes. He argues that there is nothing inherently wrong
with judicial officers’ talking publicly about issues that are dear to them, even if such
issues relate to religious, political, or other controversial subjects.2 In the context of
judicial adjudication, it is unrealistic to expect judges to completely disassociate
themselves from their religious principles, since there is no such thing as neutral
person.3
Tsele further argues that religion can be useful within the context of adjudication,
particularly where its dictates are consistent with the spirit, purport and object of the
Bill of Rights.4 Impermissibility only occurs when the judge allows their religious views
to override legal principles, or where a judge confuses his religious views for law. 5
Judge are citizens entitled to hold religious views and to freely express those views as
long as it does not compromise the discharge of his or her judicial duties.
1 M Tsele ‘Rights and Religion; Bias and Beliefs: Can a Judge Speak God?’ (2018) 43 (1) Journal
for Juridical Sciences 1 – 25.
2 Tsele, (2018) Journal of Juridical Sciences at 11.
3 Tsele, (2018) Journal of Juridical Sciences at 15.
4 Tsele, (2018) Journal of Juridical Sciences at 21.
5 Tsele, (2018) Journal of Juridical Sciences at 18.
