The Federation Press

Disqualification for Bias

Overview

Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.

This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.

Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.

A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.

Reviews

This book focuses on the scope and application of the disqualification for bias principle pertaining to a decision-maker. In the words of the author, the book “is designed to provide both a historical development of this area of the law as well as a practical guide to the application of the disqualification principle”. Measured against this aim, the book is a success. It first provides an excellent introduction to the area of law, and then takes the reader into in-depth discussions.The book is well-suited for academics, practitioners and decision-makers. Overall, the author seems to have achieved the fine balance between academic discourse and practical applicability. - David Kim, Barrister - Law Institute Journal - September 2012, 86 (09) LIJ, p68

Table of Contents

The Disqualification Principle
Early History and Modern Developments
Test for Bias
Disqualifying Factors
Exceptions to the Disqualification Principle
Application of the Disqualification Principle
Practical Issues
Remedies
Future Developments and Conclusion

Index

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