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Vol 21 No 11 Nov/Dec 2016

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Disqualification for Bias


ISBN13: 9781862878808
Published: May 2012
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £95.00



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Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.

This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.

Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues. A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.

Subjects:
Other Jurisdictions , Australia, Courts and Procedure
Contents:
1. The Disqualification Principle
2. Early History and Modern Developments Test for Bias
3. Disqualifying Factors
4. Exceptions to the Disqualification Principle
5. Application of the Disqualification Principle
6. Practical Issues
7. Remedies
8.Future Developments and Conclusion