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Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Suing Judges: A Study of Judicial Immunity


ISBN13: 9780198257936
ISBN: 0198257937
Published: December 1993
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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When a person is injured by the act of someone else the natural response is to seek redress in the courts. When the person to be sued happens to be a judge, a number of potentially insurmountable obstacles often appear.

This is because of the privilege of immunity given to judges.;Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges.

This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs and the whole foundation of judicial independence.;As more people resort to the courts and other judicial tribunals for the resolution of their disputes, the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim.

This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is sued. Material is drawn mainly from English and American Federal case law. The study also incorporates some Canadian, Australian and New Zealand case law.

Subjects:
Criminal Law
Contents:
The foundations
shielding judicial action
shielding quasi-judicial action
judicial defamations
redressing judicial wrongs
absolute immunity de-rationalized
absolute immunity - fixing the limits.