chapter  Twelve
23 Pages

The Exclusionary Rule as Constitutional Renewal: U.S. Integrity and Canadian Repute

WithChristopher B. Gray

This chapter utilizes earlier US statements on integrity to expand the undeveloped sense of "disrepute," and the earliest Canadian jurisprudence on that term in order to help reestablish the US principles and rules. Judicial integrity is the name attributed to fulfillment of the roles; but integrity has never been studied as a rubric in its own right apart from the several roles. The judiciary shares two roles with other branches of government: it is the moral individual writ large, and it can act only through agents whom it employs. Defining disrepute is not easy in a diversified culture; and even if guidelines were clear, they would be interpreted differently from different cultural viewpoints. Disrepute is somewhat better defined when it is treated as a cognitive state rather than an emotive state. Disrepute is not a matter of fact, but a question of law in most if not every case.