Show Summary Details
Page of

(p. 316) 9. Bias, Impartiality, and Independence 

(p. 316) 9. Bias, Impartiality, and Independence
Chapter:
(p. 316) 9. Bias, Impartiality, and Independence
Author(s):

Mark Elliott

and Jason Varuhas

DOI:
10.1093/he/9780198719465.003.0009
Page of

PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 27 May 2020

This chapter examines the notions of impartiality (and bias) and independence. It first provides an overview of the scope and rationale of the rule against bias before discussing the connection between impartiality and procedural fairness. It then reviews the ‘automatic disqualification rule’ by which a decision-maker can be disqualified if he/she has a sufficient financial interest in the outcome of the decision-making process. It also explores the apprehension of bias and the ‘fair-minded observer rule’, along with the political dimensions of the rule against bias. Finally, it considers Article 6 of the European Convention on Human Rights in an administrative context and when Article 6(1) applies to administrative decision-making. A number of relevant cases are cited throughout the chapter, including R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.