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Judicial Recusal: Principles, Process and Problems Hardcover – July 27, 2009

ISBN-13: 978-1841132600 ISBN-10: 1841132608

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Product Details

  • Hardcover: 183 pages
  • Publisher: Hart Publishing (July 27, 2009)
  • Language: English
  • ISBN-10: 1841132608
  • ISBN-13: 978-1841132600
  • Product Dimensions: 9.2 x 6.1 x 0.5 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #3,899,272 in Books (See Top 100 in Books)

Editorial Reviews

Review

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 Lee Melbourne University Law Review Volume 35 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. John Rowan QC New Zealand Law Journal December 2009 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. Mr Justice P W Young AO Australian Law Journal (2009) 83 ALJ 774 at 776 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. From the foreword, Stephen Sedley, Royal Courts of Justice, London 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. 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 cohesion He 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 writing This work will be an invaluable resource for judges considering, as well as litigants and lawyers bringing or opposing, recusal applications. Duncan Webb NZ Lawyer Magazine Issue 129, 5/2/2010 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. Abimbola Olowofoyeku Cambridge Law Journal 69, 1, March 2010 The book is a worthwhile purchase. It is very readable and generally concise. Robert Howard Law and Politics Book Review May 10, 2010 Useful, succinct and intelligent new monograph. The layout of the book is simple and sensible Michael Crowell Public Law October 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 Groves Australian Journal of Administrative Law Volume 18, 2011

About the Author

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.

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Format: Hardcover
WHEN A JUDGE IS ASKED TO STAND DOWN

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

One of the principles of natural justice is that no one can be a judge in his or her own cause. When this principle or other similar principles are seen to have been eroded, or ignored in a court of law, then ‘judicial recusal’ may be the inevitable outcome -- which means the judge can be asked to withdraw, or stand down.

This thought provoking book outlines three specific problem areas which would occasion, or justify recusal: judicial misconduct in court… prior viewpoints…and unconscious bias. The law relating to recusal, in the author’s words, ‘rests on the fundamental proposition that a court should be fair and impartial….’

Recusal is ‘an odd word, signifying withdrawal, originating in the religious concept of a recusant’, remarks Sir Stephen Sedley in the foreword. It is ‘an assurance of the impartiality of justice,’ he adds, ‘and a field of opportunity for manipulation.’

Recusal may occur when aggrieved claimants feel that they have not received a proper hearing. As such claimants become more aware of their rights and consequently more litigious instances of recusal are becoming increasingly common. I’ve only been involved in one judicial recusal and, frankly, was wholly bemused by this procedural oddity, while at the same time recognizing that its aim and its effect is ideally to enforce the rules of natural justice.

Having been elected as the Robert S.
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