Relevant bibliographies by topics / Judicial Disqualification

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Judicial Disqualification'

Author: Grafiati
Published: 4 June 2021
Last updated: 3 February 2022

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Journal articles on the topic "Judicial Disqualification"

1

Kalaba, Dragan. "Judicial disqualification." Glasnik Advokatske komore Vojvodine 84, no. 9 (2012): 375–84. http://dx.doi.org/10.5937/gakv1205375k.

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Appleby, Gabrielle, and Stephen McDonald. "Disqualification of Judges and Pre-Judicial Advice." Federal Law Review 43, no. 2 (2015): 201–32. http://dx.doi.org/10.22145/flr.43.2.2.

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This article explores the circumstances in which a judicial officer may be required to recuse himself or herself on the basis of an opinion provided in the course of practice as a legal practitioner, prior to appointment to judicial officer, particularly where that opinion was on a matter of law only (including the constitutional validity of legislation). We suggest that questions concerning disqualification of judicial officers in such circumstances might be better approached by considering broader concepts of fairness, in addition to asking whether the provision of the pre-judicial opinion g
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Domino, John C. "The Origins and Development of Judicial Recusal in Texas." British Journal of American Legal Studies 5, no. 1 (2016): 1–28. http://dx.doi.org/10.1515/bjals-2016-0005.

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Abstract In 21st century Texas, a judge’s decision to recuse from a case is based on a complex set of norms, codes and procedures intended to promote impartiality. For most of the state’s history, however, the sole ground for the removal of a judge from a case was not recusal for bias but disqualification based on rigid conditions set out in the Texas Constitution. This article examines the foundations and emergence of the modern concept of judicial recusal in Texas with the intent to illustrate a shift from rigid constitutional grounds to a more fluid approach based on judicial interpretation
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Appleby, Gabrielle, and Stephen McDonald. "Disqualification of Judges and Pre-Judicial Advice." Federal Law Review 43, no. 2 (2015): 201–32. http://dx.doi.org/10.1177/0067205x1504300202.

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Plug, H. José. "Challenging judicial impartiality." Journal of Argumentation in Context 8, no. 2 (2019): 245–61. http://dx.doi.org/10.1075/jaic.17026.plu.

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Abstract Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.
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SHANY, YUVAL, and SIGALL HOROVITZ. "Judicial Independence in The Hague and Freetown: A Tale of Two Cities." Leiden Journal of International Law 21, no. 1 (2008): 113–29. http://dx.doi.org/10.1017/s092215650700475x.

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AbstractThis note evaluates the application of rules on judicial independence and impartiality in two international decisions issued in 2004 – the ICJ Order on Composition in the Wall Advisory Proceedings and the disqualification decision of the Special Court for Sierra Leone in Sesay – and compares them with a code of judicial conduct recently prepared by an ILA study group (the Burgh House Principles on the Independence of the International Judiciary). We assert that the approach taken by the ICJ in Wall is excessively restrictive and is out of step with contemporary tendencies to embrace st
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Malleson, Kate. "Safeguarding judicial impartiality." Legal Studies 22, no. 1 (2002): 53–70. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00579.x.

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Since the decision of the House of Lords to overturn its earlier judgment in the case of Re Pinochet (No 2) the courts have closed the floodgates to further claims of judicial bias by adopting a restrictive approach to the rules on judicial disqualification. In the light of these restrictions on claims of individual bias, this paper reviews the institutional mechanisms for safeguarding impartiality at a collective level through the appointments process and the system for allocating cases to judges. It highlights weaknesses in these arrangements such as the lack of openness, the potential for i
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Malleson, Kate. "Judicial Bias and Disqualification after Pinochet (No. 2)." Modern Law Review 63, no. 1 (2000): 119–27. http://dx.doi.org/10.1111/1468-2230.00254.

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9

Appleby, Gabrielle. "Justice Ginsburg, President Trump, and the need for judicial disqualification reform." Legal Ethics 20, no. 1 (2017): 125–30. http://dx.doi.org/10.1080/1460728x.2017.1326433.

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10

Friedland, Michelle T. "Disqualification or Suppression: Due Process and the Response to Judicial Campaign Speech." Columbia Law Review 104, no. 3 (2004): 563. http://dx.doi.org/10.2307/4099327.

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Dissertations / Theses on the topic "Judicial Disqualification"

1

Beamer, Laura M. "Judicial Recusal: On the Brink of Constitutional Change." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_hontheses/3.

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Recusal, or judicial disqualification, occurs when a judge abstains from a particular legal proceeding because of a personal conflict of interest. All levels of the judicial system and some administrative agencies in the United States apply the concept of recusal, but this study focuses on the United States Supreme Court. Title 28 of the United States Code provides standards (not obligatory by legal means) on when Supreme Court Justices should recuse themselves. But Supreme Court Justices are themselves the arbiters of their own recusal and often these substantive standards are not met. The me
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2

Cassim, Rehana. "A critical analysis of the removal of directors by the board of directors and the judiciary under the Companies Act 71 of 2008." Thesis, 2018. http://hdl.handle.net/10500/25255.

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Section 71(3) of the Companies Act 71 of 2008 has introduced into South African company law a provision which for the first time permits the board of directors to remove another director from office in certain specific instances. A further significant innovation in the Companies Act 71 of 2008 is contained in section 162, which empowers a court to make an order declaring a director delinquent or placing him under probation in specific instances. The effect of section 162 is that a court is empowered to remove a director from the board of directors. The focus of this thesis is the removal
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Books on the topic "Judicial Disqualification"

1

Flamm, Richard E. Judicial disqualification: Recusal and disqualification of judges. Little, Brown, 1996.

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2

Flamm, Richard E. Judicial disqualification: Recusal and disqualification of judges. Banks & Jordan Law Pub., 2007.

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3

Judicial disqualification under Canon 3C of the Code of judicial conduct. American Judicature Society, 1986.

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4

Abramson, Leslie W. Judicial disqualification under Canon 3 of the Code of judicial conduct. 2nd ed. American Judicature Society, 1991.

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5

Shaman, Jeffrey M. Judicial disqualification: An empirical study of judicial practices and attitudes. American Judicature Society, 1995.

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6

Tarrant, John. Disqualification for bias. The Federation Press, 2012.

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7

Judicial recusal: Principles, process and problems. Hart Pub., 2009.

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8

De Franciscis, Maria Elisabetta, 1956- and Lafon Jacqueline Lucienne, eds. Judicial misconduct: A cross-national comparison. University Press of Florida, 1996.

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9

Friede, Roy Reis. Vícios de capacidade subjetiva do julgador: Do impedimento e da suspeição do magistrado : no processo civil, penal e trabalhista. Forense, 1996.

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Friede, Roy Reis. Vícios de capacidade subjetiva do julgador: Do impedimento e da suspeição do magistrado : no processo civil, penal e trabalhista. 6th ed. GEN, Editora Forense, 2010.

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Book chapters on the topic "Judicial Disqualification"

1

Husain, Waris. "Executive disqualification and judicial review." In The Judicialization of Politics in Pakistan. Routledge, 2018. http://dx.doi.org/10.4324/9781351190114-6.

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2

Geyh, Charles Gardner. "Managing the Selection Debate." In Who is to Judge? Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190887148.003.0006.

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Chapter 6 argues that we can come closer to consensus in the judicial selection debate by confronting and overcoming the errors and exaggerations that chapter 5 isolates. That said, complete consensus is likely to remain elusive because ultimately, judicial independence from electoral accountability is both in tension with and essential to democracy. As the chapter discusses, appointive systems are a preferable default, but there are circumstances in which electoral accountability can be essential to the judiciary’s perceived legitimacy with the general public. The chapter also suggests ways in which elected judiciaries can be made more impartial and independent, including reforming campaign finance, amending disqualification rules, and lengthening judicial terms, as well as greater accountability, as well as the ways that appointed judiciaries can be made more accountable via publicizing existing accountability-promoting mechanisms, reinvigorating disqualification procedure, and instituting rigorous judicial performance evaluations.
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Yokum, David V. "Psychological Obstacles to the Judicial Disqualification Inquiry, and Blinded Review as an Aid." In Blinding as a Solution to Bias. Elsevier, 2016. http://dx.doi.org/10.1016/b978-0-12-802460-7.00021-8.

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"It-95-14/2-Pt, Decision On The Application For The Disqualification Of Judges Jorda & Riad, 8 October 1998." In Judicial Reports / Recueils judiciaires, 1998 (2 vols). Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004157750.1-2128.93.

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"It-95-14/2-Pt, Decision On The Application Of The Accused For Disqualification Of Judges Jorda And Riad, 21 May 1998." In Judicial Reports / Recueils judiciaires, 1998 (2 vols). Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004157750.1-2128.92.

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Becker, Steven W. "The “Presumption of Impartiality” and Other Errors in the International Criminal Court’s Plenary Decision Concerning Judicial Disqualification of the President of the Court in The Prosecutor v. Thomas Lubanga Dyilo." In The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780199388660.003.0006.

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