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Comparative Judicial Disqualification

Submitted by Philip Bryden on Mon, 07-07-2014
Long title
Empirical and Comparative Approaches to Judicial Disqualification: The Case for Limited-Scope Statutory Frameworks
Hughes, Jula and Bryden, Philip
Author(s)' contact information
Dr. Jula Hughes, Faculty of Law, University of New Brunswick

Professor Philip Bryden, Faculty of Law, University of Alberta
Conference title
Conference location
City University London
United Kingdom
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The attached paper and presentation take an empirical and comparative approach to the common law governing judicial disqualification. The authors rely on their empirical research involving Canadian provincial court judges to make the case that judges have difficulty applying the common law "reasonable apprehension of bias" test in common but analytically marginal situations. They then draw on statutory schemes for judicial disqualification in the United States and Germany to argue that there are situations in which limited-scope statutory regimes for judicial disqualification would be of assistance to judges and litigants in Canada and other common law jurisdictions.
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