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Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.
Judicial disqualification laws existed in Roman law and early Jewish law, which disqualified judges from serving on cases of family, friends or enemies. [1]Civil law countries still have significant disqualification privileges, whereas common law countries, such as England, went in a different direction where recusal was required less often. [1]
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
A public authority has a duty to act judicially whenever it makes decisions that affect people's rights or interests, and not only when it applies some judicial-type procedure in arriving at decisions. [13] The basis on which impartiality operates is the need to maintain public confidence in the legal system.
A solid majority of Americans say Supreme Court justices are more likely to be guided by their own ideology rather than serving as neutral arbiters of government authority, a new poll finds, as ...
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". [1] Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human ...
The Alitos, photographed in 2018. The justice's disregard for judicial impartiality was revealed again, this time in a surreptitious recording.