Judicial Recusal: Principles, Process and Problems
Autor R Grant Hammonden Limba Engleză Hardback – 26 iul 2009
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Specificații
ISBN-13: 9781841132600
ISBN-10: 1841132608
Pagini: 208
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841132608
Pagini: 208
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
This book examines the doctrine of judicial recusal, which 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.
Notă biografică
Grant Hammond is a Judge of the Court of Appeal of New Zealand. Before becoming a judge he was Dean of the University of Auckland Faculty of Law, has taught in Canada and the USA as a Professor of Law, and before that worked in private practice in New Zealand.
Cuprins
Part A: Introduction1. THE ESSENTIAL QUESTIONS Part B: Principles2. 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: Process7. 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 Areas15. JUDICIAL MISCONDUCT IN COURT: JUDGES WHO GO TOO FAR 16. PRIOR VIEWPOINTS 17. UNCONSCIOUS BIAS Part E: The Future of Recusal Law18. POSSIBLE REFORMS 19. JUDGES OR LEGISLATORS?
Recenzii
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.
The 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 timeless.Erudite 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 journalists.Day-to-day adjudicators, lawyers and advocates will benefit from this commendable book.
This 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.
Grant 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.
Hammond 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.
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.
The ... 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.
The book is a worthwhile purchase. It is very readable and generally concise.
Useful, succinct and intelligent new monograph.The layout of the book is simple and sensible
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.
The 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 timeless.Erudite 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 journalists.Day-to-day adjudicators, lawyers and advocates will benefit from this commendable book.
This 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.
Grant 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.
Hammond 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.
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.
The ... 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.
The book is a worthwhile purchase. It is very readable and generally concise.
Useful, succinct and intelligent new monograph.The layout of the book is simple and sensible
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.
Descriere
The book analyses the essential features of the law, the legal principles and the difficulties which arise in the cases and by operation of statute.