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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Judicial Recusal - Principles, Process and Problems (Hardcover, New)
Loot Price: R3,304
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Judicial Recusal - Principles, Process and Problems (Hardcover, New)
Expected to ship within 10 - 15 working days
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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.
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