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Nemo Judex in Sua Causa: Apparent Bias Prevention in Jordanian Law – Comparative Analytical Study of Judges Disqualification Cases

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This article deals with a very important issue within the regulation of the judicial profession in Jordanian law, which is the disqualification of a judge in a civil case under the Judges Disqualification System. The importance of this article stems from the importance of the role played by a judge in a civil case. A judge is supposed not only to be impartial but to appear impartial as well. The Jordanian law maintained certain cases, if established, a judge is deemed disqualified. This article assesses and addresses, in detail, these cases. Moreover, this article sheds the light on the approach followed by other jurisdictions (the Australian law’s approach) towards this issue. The article introduces more than one recommendation for the Jordanian law that aims at readdressing the shortages or confusions found in the current adopted regulation to the matter in question, in order to achieve a higher level of justice.

Affiliations: 1: PhD in Law/Associate Prof., Head of Private Law Dept., University of Sharjah, United Arab Emirates, balserhan@sharjah.ac.ae

10.1163/2211906X-00602003
/content/journals/10.1163/2211906x-00602003
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/content/journals/10.1163/2211906x-00602003
2017-07-07
2018-02-23

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