Sentences with phrase «judicial impartiality»

The judge wrote back saying there was no «reasonable perception of judicial impartiality in this case».

It's also meant to ensure it doesn't «give the appearance of compromising judicial impartiality and independence (including independence from the political process)» while keeping a judge from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.

The Arkansas Supreme Court held that the canon was narrowly tailored to the state's interests in judicial impartiality and open - mindedness, and that White was inapplicable because the facts of the case and the details of the solicitation canon were distinguishable: «We do not believe anyone can seriously argue that a judge personally soliciting campaign contributions from attorneys having cases before him or her should be permissible.»

The impact of campaign contributions on judicial impartiality, both real and perceived, is significant.

The opinion concluded, «If the State has a problem with judicial impartiality, it is largely one the State brought upon itself by continuing the practice of popularly electing judges.»

Press freedom group Reporters Without Borders has written to justice secretary Ken Clarke calling for the case to be treated with UK judicial impartiality.

This serves to undermine judicial impartiality, fundamental to ensuring the stability of Turkey's legal institutions, and has consequently diminished public confidence in both the judiciary and the government.

(Jennifer Nedelsky, «Embodied Diversity and the Challenges to Law» (1997), 42 McGill L.J., p. 107) In practical terms, this means that — as a step toward judicial impartiality — a judge should understand the factual and social context of a case.

[101] Since judicial impartiality is vital to inspiring public confidence in the justice system and ensuring just verdicts, any judicial fundraising which has the potential to undermine impartiality should be avoided.

Justice Antonin Scalia's majority opinion stated the rule was not «narrowly tailored» to preserve judicial impartiality because it focused on issues instead of on particular litigants.

It's completely arrogant and ridiculous for lawyers to suggest that a non-lawyer journalist and the public in general can't understand the issues surrounding judicial impartiality and take a view on them.

Panelist, Mock Supreme Court Oral Argument, «Silencing the Court: Judicial Impartiality v. Free Speech,» ABA Annual Meeting (2006)

Furthermore, throughout the Cojocaru judgment the Chief Justice emphasizes that the unattributed copying, in this case, did not impair judicial impartiality [8].

It is a complaint not about sufficiency, but about process, and stands to be resolved on the basis of the core analysis in Teskey [R. v. Teskey, 2007 SCC 25, [2007] 2 S.C.R. 267]-- whether the presumption of judicial impartiality has been rebutted.

Unless we are to compromise judicial impartiality and subject these defendants to the risk of an ad hoc judgment influenced by the impregnating atmosphere of the times, the constitutionality of their conviction must be determined by principles established in cases decided in more tranquil periods.

The keynote speaker is Chief Justice Margaret H. Marshall who will speak on Judicial Impartiality and the Marketplace: Property, Prosperity and the Rule of Law.

The court upheld the state's recusal rules, finding that they are narrowly tailored to serve the compelling state interest in judicial impartiality.

She was accused of «compromising her judicial impartiality» The complaint:

Reading R. Shach, I can't help noticing how much his idea of honest politics draws from the standard of judicial impartiality that the Talmudic tradition insists upon.

But lack of originality and failure to attribute sources do not in themselves rebut the presumption of judicial impartiality and integrity.

In being open to discussion, however, the judiciary will remain steadfast in protecting the essential elements of judicial independence, as the precursor and guardian of judicial impartiality.

«Further, some judges are reluctant to intervene because intervention might interfere with the appearance of judicial impartiality.»

The rule of law rests of the presumption of judicial impartiality.

It is only in this way that he can hope to restore the shine to judicial impartiality he has so badly tarnished...

Retired judges who return to court as counsel pose a serious threat to the perception of judicial impartiality, an issue that recently caught the attention of the Law Society of Upper Canada.

Kear - Jodoin J. applied correctness on the basis (at para. 11) that bias is a question of general law of central importance to the legal system — one of the Dunsmuir categories that calls for correctness review — and commented by way of explanation: «Judicial impartiality is pivotal to the integrity of our legal system» (at para. 13).

It introduces students to the role of judges within our judicial system, and encourages exploration of important concepts such as the rule of law, judicial independence and judicial impartiality.

See for example the discussion by The Honourable Maryka Omatsu, «The Fiction of Judicial Impartiality» (1997), C.J.W.L. 1.

But, while the mediation of courts is based upon the principle of judicial impartiality, disinterestedness, and fairness pervading the whole system of judicature, so that courts may as near as possible be above suspicion, there is, on the other side, an important issue at stake: that is, that causes may not be unfairly prejudiced, unduly delayed, or discontent created through unfounded charges of prejudice or unfairness made against the judge in the trial of a cause...

Justice Corrigan's objections are based on outdated notions of judicial impartiality.

Other topics covered include the Rule of Law, separation of powers, judicial impartiality, bankruptcy, and jury service.

In a decision artier this year, Justice Abella wrote that: «Judicial impartiality and neutrality do not mean that a judge must have no prior conceptions, opinions or sensibilities.

Family law, among other things, grapples with fundamental societal issues and values that affect everyone, requires a consideration of the meaning of substantive equality in our Charter, and deals with issues of fairness and judicial impartiality.

BUT — I can think of at least one commenter on Pink Tape who makes valuable contributions from time to time but does so anonymously in order not to compromise his / her judicial impartiality, and at least one commenter on Pink Tape who does so quite openly, drawing on judicial experience to back up opinion.