Nemo Iudex in Causa Sua: Aspects of the No-Bias Rule of Constitutional Justice in Courts and Administrative Bodies

Finín O’Brien
Volume 2 Issue 2 Article 2This article explores various aspects of the No-Bias rule in Constitutional Justice. There are three types of bias, namely subjective bias, presumed bias and apparent bias. Four different aspects of the No-Bias rule will be examined in this article. Firstly, the area of subjective bias and its use in the law today will be explored. Secondly, the argument that presumed bias should be adopted in this jurisdiction will be examined. Thirdly, the competing tests for apparent bias will be analysed. Finally, the idea of the “reasonable observer” in the current test for apparent bias will be examined and discussed.

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