judicial review -rule against bias Flashcards
(17 cards)
What message does Albrecht Dürer’s The Litigation Fool convey?
It criticizes judges and lawyers, implying that blind justice without reason is folly.
What do Lady Justice’s symbols represent?
Blindfold: Impartiality
Scales: Fairness/balance
Sword: Swift and enforceable justice
Why is impartiality constitutionally significant?
It’s key to judicial independence, which upholds the rule of law.
It supports separation of powers and accountability.
What is the common law rule against bias?
Nemo judex in causa sua – no one should be a judge in their own cause.
What does the Bangalore Principles of Judicial Conduct (2002) state?
Judges must perform duties without favour, bias, or prejudice.
What did Davidson v Scottish Ministers (2004) say about impartiality?
Tribunals must decide based solely on legal and factual merits, uninfluenced by extraneous interests.
What disqualifies a judge for actual bias? (Davidson v Scottish Ministers)
A non-negligible personal interest, friendship with parties, or disabling personal experience.
How common are actual bias cases?
Very rare—most focus on apparent bias instead.
What principle was set in R v Sussex Justices, ex p McCarthy (1924)?
Justice must “be seen to be done”—perception of fairness is vital.
What is the test for apparent bias? (Porter v Magill [2001])
Whether a fair-minded and informed observer would conclude there’s a real possibility of bias.
What are the traits of a fair-minded observer? (Helow v SSHD [2008])
Doesn’t rush to judgment
Understands both sides
Recognizes judges’ fallibility
Objective, not swayed by subjective suspicion
What makes the observer “informed”?
They seek out all relevant context before passing judgment.
What does Article 6(1) of the ECHR require?
A fair and public hearing by an independent and impartial tribunal.
Is the UK’s apparent bias test aligned with ECHR jurisprudence?
Yes – confirmed in R v Abdroikof (2007) and O’Neill v HM Advocate (2013).
Does the rule against bias apply to administrative bodies?
Yes – ex p Kirkstall Valley Campaign (1996) confirms it’s a general public law principle, not limited to courts.
What are three exceptions to the rule against bias?
Necessity – No alternate decision-maker (e.g. quorum requirement)
Waiver – Party aware of bias doesn’t object
Political Bias – Allowed in certain political roles, but not personal bias
What is the test for predetermination? (R (Lewis) v Redcar [2008])
Whether there’s an appearance that a decision-maker had a closed mind on the issue before the hearing.
