Gift Guide

Disqualification for Bias

Available through our Marketplace sellers.
Other sellers (Hardcover)
  • All (5) from $124.06   
  • New (3) from $124.06   
  • Used (2) from $149.14   
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any coupons and promotions
Seller since 2008

Feedback rating:



New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

1862878803 Brand New. Exact book as advertised. Delivery in 4-14 business days (not calendar days). We are not able to expedite delivery.

Ships from: Romulus, MI

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
Seller since 2008

Feedback rating:


Condition: New
Brand New, Perfect Condition, Please allow 4-14 business days for delivery. 100% Money Back Guarantee, Over 1,000,000 customers served.

Ships from: Westminster, MD

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
Seller since 2008

Feedback rating:


Condition: New
New Book. Shipped from UK within 4 to 14 business days. Established seller since 2000.

Ships from: Horcott Rd, Fairford, United Kingdom

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Sort by
Sending request ...

More About This Book

Product Details

  • ISBN-13: 9781862878808
  • Publisher: Federation Press
  • Publication date: 5/28/2012
  • Product dimensions: 6.20 (w) x 9.30 (h) x 1.00 (d)

Table of Contents

Foreword The Hon Justice John Basten v

Preface xiii

Table of Cases xiv

Table of Statutes xxxiv

1 The Disqualification Principle 1

Introduction 1

Rationale for the disqualification principle 3

Defining bias and prejudice 9

Recusal and disqualification 11

Judicial bias and administrative bias 12

Undesirability of fixed rules 13

The judicial oath and juror's oath 13

Scope of the book 15

2 Early History and Modern Developments 19

Early history of judicial bias 19

Principle that justice should be seen to be done 23

Independence from executive government and the legislature 27

3 Test for Bias 33

Adoption of a subjective test for bias 33

Emergence of an objective test for bias 35

Establishment of two tests 39

Real likelihood test prevails 41

Revival of the reasonable suspicion test 43

A choice of two tests 45

Real danger test abandoned in England 52

New Zealand test left in a void 54

Applying the test 56

Characteristics of the fair-minded observer 58

Knowledge of the fair-minded observer 61

Increased challenges to judges 66

4 Disqualifying Factors 70

Lack of independence 71

(i) Initial challenges in Australia 71

(ii) The Kable doctrine 73

(iii) Acting, temporary and part-time judges 79

Interest in the cause 85

(i) Pecuniary interest held by judge or decision-maker 86

(ii) Pecuniary interest held by other persons 93

(iii) Non-pecuniary interests 95

Prejudgment or predetermination 97

(i) Views expressed extra-judicially 98

(ii) Views expressed in previous cases 104

(iii) Views on the credit of a party or a witness 106

(iv) Expressing opinions on issues in the case 120

(v) Expression of views during a hearing 122

(vi) Tentative views are not a disqualifying factor 128

(vii) Views of others are not a disqualifying factor 132

(viii) Deciding against a party and case management 134

(ix) Conduct before a decision 137

(x) Knowledge about an accused 139

(xi) Prejudgment through personal circumstances 139

(xii) Evidence from earlier cases 141

(xiii) Prior employment 145

Association 145

(i) Association with a party or a witness 145

(ii) Association with a complainant 156

(iii) Association with a legal representative 157

(iv) Personal relationship between a judge and a legal representative 164

(v) Judgment by peers 165

(vi) Previous association with the proceedings or subject matter of the proceedings 166

Outside influence or information 168

(i) Access to extraneous information 168

(ii) Communications with a judge or decision-maker 172

(iii) Disqualified person present at a hearing or influencing a decision 180

(iv) Acting on instructions or under influence 185

Conduct by the judge or decision-maker 187

(i) Acting as accuser or prosecutor 187

(ii) Acting as a witness 193

(iii) Descending into the arena 194

(iv) Departure from proper standards of fairness 197

(v) Judge's decision impacts on a third party 204

(vi) Membership of an association 205

(vii) Actual bias 206

Conduct by a litigant 210

Conduct by a legal representative 212

Statutory disqualification 214

5 Exceptions to the Disqualification Principle 215

Waiver and acquiescence 215

93 Necessity 227

95 Special circumstances 230

Contractual agreements 231

6 Application of the Disqualification Principle 237

Juries 239

Arbitrators, referees, costs assessors and taxing officers 259

Tribunal decisions 260

Administrative decisions 263

Political and ministerial decisions 265

Sporting and other clubs 267

Local government 270

Disciplinary proceedings 272

Inquiries, investigations and inquests 274

Officers of me court and non-court appointed liquidators 276

Expert witnesses 278

Military tribunals 278

International tribunals 281

7 Practical Issues 287

Need for appropriate disclosure 287

Questioning judges 291

Duty to sit if not disqualified 293

Judicial immunity 295

Judicial misconduct 296

Duty of counsel 298

Judge should be notified in advance of a recusal application 299

Bias questions to be addressed first on appeal 300

Alleged disqualifying factors are considered separately and cumulatively 301

Some judgments are void and some are voidable 301

Evidence on appeal 304

Withdrawing from proceedings 309

Settlement of proceedings after an apprehension of bias 310

Judges make their own recusal decisions 310

Recusal decision cannot be made on advice 314

Apprehension of bias can be corrected 314

Improper to use recusal application as a tactic 315

Allegations of bias may amount to contempt 317

Contempt proceedings 320

Standing to make a recusal application 324

8 Remedies 325

Injunction 325

Certiorari 326

Mandamus 327

Prohibition 329

Statutory judicial review 331

Stay of proceedings 332

Appeal 333

Declaratory relief 341

Order to recall witnesses 342

Severance 343

Set aside or vary final orders 343

Referring a question of law 344

Reconstitution of a tribunal 345

Transfer of the proceedings within the court 346

Transfer of the proceedings to another court 346

Constitution of the court with judges from another court 348

Retrial following an acquittal 349

9 Future Developments and Conclusion 351

Human rights considerations 351

Recusal decision to be made by another judge 356

Conclusion 358

Bibliography 359

Index 369

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)