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Journal articles on the topic 'Judicial Disqualification'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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11

Alserhan, Bakr A. F. "Nemo Judex in Sua Causa: Apparent Bias Prevention in Jordanian Law – Comparative Analytical Study of Judges Disqualification Cases." Global Journal of Comparative Law 6, no. 2 (2017): 174–205. http://dx.doi.org/10.1163/2211906x-00602003.

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This article deals with a very important issue within the regulation of the judicial profession in Jordanian law, which is the disqualification of a judge in a civil case under the Judges Disqualification System. The importance of this article stems from the importance of the role played by a judge in a civil case. A judge is supposed not only to be impartial but to appear impartial as well. The Jordanian law maintained certain cases, if established, a judge is deemed disqualified. This article assesses and addresses, in detail, these cases. Moreover, this article sheds the light on the approa

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12

하정철. "Vitalization of Judicial Disqualification through Positive Consideration on Whether Judge’s Impartiality might reasonably be Questioned." Seoul Law Review 22, no. 3 (2015): 631–60. http://dx.doi.org/10.15821/slr.2015.22.3.016.

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13

Bryden, Philip, and Jula Hughes. "The Tip of the Iceberg: A Survey of the Philosophy and Practice of Canadian Provincial and Territorial Judges Concerning Judicial Disqualification." Alberta Law Review 48, no. 3 (2011): 569. http://dx.doi.org/10.29173/alr144.

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The "reasonable apprehension of bias" test for judicial disqualification has been a fixture in the common law world for centuries; despite this settled state of the law, judges and commentators have been concerned that the application of the test might be contentious in a significant number of cases. In this article, the authors report on an empirical study surveying Canadian provincial and territorial judges on common scenarios which raise the possibility of recusal. Situated in the applicable case law, the findings demonstrate a wide divergence of opinion on substance and procedure among res

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14

Greacen, John M. "CONFIDENTIALITY, DUE PROCESS, AND JUDICIAL DISQUALIFICATION IN THE UNIFIED FAMILY COURT: REPORT TO THE HONORABLE STEPHANIE DOMITROVICH." Family Court Review 46, no. 2 (2008): 340–46. http://dx.doi.org/10.1111/j.1744-1617.2008.00204.x.

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15

Abtahi, H., O. Ogwuma, and R. Young. "The Composition of Judicial Benches, Disqualification and Excusal of Judges at the International Criminal Court: A Survey." Journal of International Criminal Justice 11, no. 2 (2013): 379–98. http://dx.doi.org/10.1093/jicj/mqt005.

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16

Chirninov, Aldar Munkozhargalovich. "Constitutional and judicial argumentation and the transformation models of normative legal regulation." Право и политика, no. 9 (September 2021): 39–57. http://dx.doi.org/10.7256/2454-0706.2021.9.36333.

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This article explores the interrelation between constitutional and judicial argumentation, and the key transformation models of normative legal regulation under the influence of constitutional and judicial decisions. Using the analysis and summarization of the extensive constitutional and judicial practice, the author describes the argumentative patterns emerging as a result of appeal of the constitutional justice bodies to particular variants of normative correction. Special attention is given to such corrective measures as disqualification of the legal norm, formulation of an exception to th

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17

Mpofu, Kudzai, Anthony O. Nwafor, and Koboro J. Selala. "Exploring the role of the business rescue practitioner in rescuing a financially distressed company." Corporate Board role duties and composition 14, no. 2 (2018): 20–26. http://dx.doi.org/10.22495/cbv14i2art2.

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The emphasis on corporate sustainability as against liquidation in the South African Companies Act 71 of 2008 creates an important figure in the person of the business rescue practitioner. The practitioner in that capacity supplants the board and is insulated from the relevant elements of shareholder control in the discharge of the task of rescuing the financially distressed company. The article interrogates, through doctrinal approach, the efficacy of the statutory provisions relating to the role of the business rescue practitioner in the business rescue process and argues against the disqual

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18

Maroney, Terry A., and Phillip Ackerman-Lieberman. "“As a Father Shows Compassion for His Children”." Journal of Law, Religion and State 3, no. 3 (2014): 240–75. http://dx.doi.org/10.1163/22124810-00303002.

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Conventional wisdom holds that judges ought to be emotionless. Occasional counterclaims, however, have posited compassion as an essential element of judicial wisdom. When compassion is thus privileged, it is understood as uniquely parental. We use as our lens two examples, one ancient and one modern: the disqualification, in the Babylonian Talmud, of childless men from judging capital cases on the ground that they are “devoid of paternal tenderness,” and Judge Julian Mack’s vision of the early 20th century juvenile court judge as a “wise and merciful father.” In both narratives judges are aske

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19

Mazurkiewicz, Szymon. "Judge as Conscientious Objector – Analysis Based on Cultural Exemptions Theory and U.S. Law." Polish Review of International and European Law 6, no. 1 (2018): 73. http://dx.doi.org/10.21697/priel.2017.6.1.03.

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The aim of this paper is to analyze whether it is possible for a judge to possess the right to conscientious objection. Firstly, the author provides some conceptual remarks along with distinguishing conscientious objection from other situations concerning conflict between law and morality that involve judges. Next, cultural exemptions/religious accommodations theory is introduced as a conceptual basis for further analysis. W. Ciszewski’s multidimensional view on exemption theory is applied here. It distinguishes three levels of discussion: the general legitimatization of accommodations, second

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20

Crosby, Kevin. "Restricting the Juror Franchise in 1920s England and Wales." Law and History Review 37, no. 1 (2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.

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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the

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21

Chuklova, Elena Valerievna. "The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice." Юридические исследования, no. 10 (October 2019): 73–85. http://dx.doi.org/10.25136/2409-7136.2019.10.30890.

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The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of

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22

Flannigan, Robert. "Judicial Disqualification of Solicitors with Client Conflicts." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2437213.

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23

Cassim, Rehana. "A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act." Journal of African Law, November 9, 2020, 1–24. http://dx.doi.org/10.1017/s0021855320000248.

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Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the durati

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24

Buhai, Sande. "Federal Judicial Disqualification: A Behavioral and Quantitative Analysis." SSRN Electronic Journal, 2011. http://dx.doi.org/10.2139/ssrn.1789209.

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25

Hughes, Jula, and Philip Bryden. "Implications of Case Management and Active Adjudication for Judicial Disqualification." SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2696198.

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26

Hughes, Jula, and Philip Bryden. "Implications of Case Management and Active Adjudication for Judicial Disqualification." Alberta Law Review, July 17, 2017. http://dx.doi.org/10.29173/alr780.

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The judicial role of Canadian judges is changing to allow judges to make trials fairer, more accessible, and more efficient. Along with the changing role of judges has come new tools, including pretrial settlement and case management conferences, and even active adjudication during the course of the trial. However, this new role and the use of its associated tools have the potential to raise an apprehension of bias. This article focuses on recent case law and commentary addressing case management and active adjudication by judges, with the aim of clarifying the boundary between permissible jud

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27

Hughes, Jula. "From Principles to Rules: The Case for Statutory Rules Governing Aspects of Judicial Disqualification." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2791528.

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28

"Análisis conceptual de posibles reformas a la Ley deArbitraje y Mediación tras más de dos décadas desde su publicación." Revista Ecuatoriana de Arbitraje, no. 11 (November 16, 2020): 161–213. http://dx.doi.org/10.36649/rea1107.

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After almost twenty years of the Arbitration and Mediation Law’s promulgation, the present work analyzes the main issues of arbitration as it has been regulated in Ecuador. In each section, the authors focus on demonstrating how the arbitration understanding within the Ecuadorian legal system disavows this institution’s evolution and features. Thus, the article contains a critique of the Ecuadorian arbitration procedure, including its starting method, the formalities of the arbitration agreement, the notion of arbitrability, the procedure rigidity, the grounds for arbitrators’ disqualification

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29

Hirczy de Mino, Wolfgang. "Judicial Disqualification – Does it Matter When the Defendant is a Lawyerless Student Loan Debtor who went to a Black School?" SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3431973.

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30

Lo, P. Y. "(Diagnosing the Case of the Disqualification of Four Members of the Legislative Council of the Hong Kong Special Administrative Region: A Prognosis of Judicial Indigestion of an Interpretation of the Standing Committee of the National People's Congress)." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3172102.

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