Judicial Recusal: Principles, Process and Problems (Hardback)
  • Judicial Recusal: Principles, Process and Problems (Hardback)
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Judicial Recusal: Principles, Process and Problems (Hardback)

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£65.00
Hardback 208 Pages / Published: 27/07/2009
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The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.

Publisher: Bloomsbury Publishing PLC
ISBN: 9781841132600
Number of pages: 208
Weight: 455 g
Dimensions: 234 x 156 x 12 mm

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Phillip Taylor MBE

“When a judge is asked to stand down”

One of the principles of natural justice is that no one can be a judge in his or her own cause. When this principle, or other similar principles, are seen to have been eroded, or ignored in a court of law, then... More

Hardback edition
15th January 2010
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