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Produktbild: Judicial Recusal | R Grant Hammond, Hammond
Produktbild: Judicial Recusal | R Grant Hammond, Hammond

Judicial Recusal

Principles, Process and Problems

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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.

Inhaltsverzeichnis

Part A: Introduction
1. THE ESSENTIAL QUESTIONS
Part B: Principles
2. THE EVOLUTION OF THE PRESENT LAW IN THE COMMON LAW WORLD
3. THE CLASSIFICATION OF THE PRESENT DAY RECUSAL PRINCIPLES IN THE BRITISH COMMONWEALTH
4. AUTOMATIC DISQUALIFICATION IN THE BRITISH COMMONWEALTH
5. APPARENT BIAS IN THE BRITISH COMMONWEALTH
6. FEDERAL RECUSAL LAW IN THE UNITED STATES OF AMERICA
Part C: Process
7. THE IMPORTANCE OF PROCESS
8. PRUDENCE: IF IN DOUBT, OUT?
9. PRACTICE RULES AND PROTOCOLS
10. DISCLOSURE
11. WAIVER
12. NECESSITY
13. APPELLATE REVIEW OF LOWER COURT DECISIONS
14. RECUSAL PROCEDURE IN APPELLATE COURTS
Part D: Some Specific Problem Areas
15. JUDICIAL MISCONDUCT IN COURT: JUDGES WHO GO TOO FAR
16. PRIOR VIEWPOINTS
17. UNCONSCIOUS BIAS
Part E: The Future of Recusal Law
18. POSSIBLE REFORMS
19. JUDGES OR LEGISLATORS?

Produktdetails

Erscheinungsdatum
27. Juli 2009
Sprache
englisch
Seitenanzahl
208
Autor/Autorin
R Grant Hammond, Hammond
Verlag/Hersteller
Produktart
gebunden
Gewicht
496 g
Größe (L/B/H)
240/161/16 mm
ISBN
9781841132600

Portrait

R Grant Hammond

The Hon Justice R Grant Hammond

Pressestimmen

This handsome and excellent monograph provides a learned account of the law relating to 'judicial recusal'The author... draws on his rich academic and practical experience to produce a thoughtful and scholarly exegesis on an area of law which has rarely been explored in such a comprehensive manner...this is an admirable book which should be a valuable addition to the 'must' library collection of judicial officers and all those who have an interest in the healthy functioning of the justice system in a liberal democracy.H P LeeMelbourne University Law ReviewVolume 35The book grapples with many difficult questions, including disclosure of interest, wavier, necessity and issues faced by appellate and final courts. It is thorough, wide-ranging and indeed fascinating. The writing is tight and there is a sense of contemporaneity, though the problem is timelessErudite and entertaining, it should also be read by those involved in our plethora of administrative tribunals and other quasi-judicial bodies; decision makers and commentators, politicians and journalistsDay-to-day adjudicators, lawyers and advocates will benefit from this commendable book.John Rowan QCNew Zealand Law JournalDecember 2009This is a handy little book. Cases in which a judge is asked to recuse often occur without much prior warning and it is good both for advocates and judges to be able to grab hold of a concise treatment of the subject to take to court to help one through the day.Mr Justice P W Young AOAustralian Law Journal(2009) 83 ALJ 774 at 776Grant Hammond has the advantage of being both a distinguished academic and a distinguished judge, as well as having been a successful practitioner. His learning is broad and deep, his analysis shrewd, his exposition lucid and his prose enjoyable. It's hard to ask more of a law book.From the foreword, Stephen Sedley, Royal Courts of Justice, LondonHammond reviews future developments and possible reforms of recusal law in this splendid Hart publication which maintains the highest standards of intellectual legal titles.An eminently readable book to be welcomed for a much needed and highly lucid examination of a controversial and complex subject.Philip Taylor and Elizabeth Taylor (Richmond Green Chambers)This work is a real and meaningful contribution to an area of law which in the Commonwealth lacks cohesionHe has provided a rigorous analysis of the issues and laid out in some detail the pitfalls and possible paths forward in this area. As a former academic, lawyer, and now a senior appellate judge, he brings a considerable experience to bear on the issues.An enormous breadth of knowledge which is lacking in much modern legal writingThis work will be an invaluable resource for judges considering, as well as litigants and lawyers bringing or opposing, recusal applications.Duncan Webb NZ Lawyer MagazineIssue 129, 5/2/2010The ... analysis is as readable as it is erudite and comprehensive, encompassing the substantive, theoretical and practical questions that one would expect to find in a learned treatise on the subject and more. The book is a notable contribution to the literature on recusals, and should be of considerable interest to public lawyers and judiciary watchers.A brief review of this nature could not sufficiently comment on such excellent scholarship.Hammond has written an excellent book that should engage scholars, judges and policy-makers alike. Recusal law is much the richer for it.Abimbola OlowofoyekuCambridge Law Journal69, 1, March 2010The book is a worthwhile purchase. It is very readable and generally concise.Robert HowardLaw and Politics Book ReviewMay 10, 2010Useful, succinct and intelligent new monograph.The layout of the book is simple and sensibleMichael CrowellPublic LawOctober 2010 Hammond provides a well researched and readable examination of judicial recusal which easily fills what was a surprising gap in the extensive literature of public law in the common law world.The breadth of comparative material gathered by Hammond enables the book to provide a useful resource for judges and practitioners faced with the issue.Matthew GrovesAustralian Journal of Administrative LawVolume 18, 2011

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