Pride and prejudice: a case for reform of judicial recusal procedure
Files
(Restricted Access)
Date
2017
Authors
Appleby, G.
McDonald, S.
Editors
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Journal article
Citation
Legal Ethics, 2017; 20(1):89-114
Statement of Responsibility
Gabrielle Appleby and Stephen McDonaldc
Conference Name
Abstract
Justice must both be done and be seen to be done. A legal principle designed to give effect to this fundamental proposition is that a judge must not sit to determine a dispute if he or she is biased, or if there exists a reasonable perception that he or she is biased. Across many common law jurisdictions – including the UK, Australia, Canada, New Zealand and many jurisdictions in the United States – the judge in question himself or herself is required to undertake the assessment of whether bias, or an apprehension of bias, exists. Drawing on insights from behavioural psychology and a series of case studies from across these jurisdictions, this paper offers an extended analysis of this practice and identifies and evaluates alternative proposals.
School/Discipline
Dissertation Note
Provenance
Description
Published Online: 7 December 2016
Access Status
Rights
© 2016 Informa UK Limited, trading as Taylor & Francis Group