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Public statements by judges and the bias rule

journal contribution
posted on 2014-01-01, 00:00 authored by Matthew GrovesMatthew Groves
The rule against bias requires that judges approach their task with an open
mind though not an empty one. The bias rule does not preclude judges
from presiding simply because they have knowledge, experience or views
relevant to a case. The question is always one of degree and context. This
article examines how questions of bias may arise when judges make public
statements outside their reasons for decisions, such as in media interviews,
speeches or scholarly publications. It will argue that judges can and should
make public statements but that the judicial function necessarily limits
what judges can and should say in their public statements.

History

Journal

Monash University law review

Volume

40

Issue

1

Pagination

115 - 147

Publisher

Monash University, Faculty of Law

Location

Clayton, Vic.

ISSN

0311-3140

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2014, Monash University, Faculty of Law

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