Indipendenza e imparzialità dei giudici nelle esperienze di common law (Australia, Irlanda, Stati Uniti): la bias rule e la judicial legitimacy

Independence and impartiality of judges in common law experiences (Australia, Ireland, USA): the bias rule and judicial legitimacy

Abstract

Independence and impartiality of judges in common law experiences (Australia, Ireland, USA): the bias rule and judicial legitimacy – The article discusses the issue of judicial independence and impartiality from political powers in three selected common law jurisdictions. The text takes into account appointment procedures in Australia, Ireland and the United States of America to highlight the extent to which different mechanisms of appointment affect judicial legitimacy in the selected jurisdictions.

Keywords: Common law; Bias rule; Judicial independence; Judicial legitimacy.