CONSULTATION PAPER AND BACKGROUND PAPERS JUDICIAL IMPARTIALITY APRIL 2021 The Australian Law Reform Commission (ALRC) was established on 1 January 1975 and operates in accordance with the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 4, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay, Brisbane QLD 4000. Postal Address: PO Box 12953, George Street QLD 4003 Telephone: within Australia (07) 3248 1224 International: +61 7 3248 1224 Email:
[email protected] Website: www.alrc.gov.au CONTENTS Judicial Impartiality Consultation Paper i The Law on Judicial Bias: A Primer JI1-1 Recusal and Self-Disqualification JI2-1 The Federal Judiciary – the Inquiry in Context JI3-1 Conceptions of Judicial Impartiality in Theory and Practice JI4-1 Ethics, Professional Development, and Accountability JI5-1 Cognitive and Social Biases in Judicial Decision-Making JI6-1 The Fair-Minded Observer and its Critics JI7-1 CONSULTATION PAPER JUDICIAL IMPARTIALITY APRIL 2021 This Consultation Paper reflects the law as at 30 April 2021. The Australian Law Reform Commission (ALRC) was established on 1 January 1975 and operates in accordance with the Australian Law Reform Commission Act 1996 (Cth). ALRC publications are available to view or download free of charge on the ALRC website: www.alrc.gov.au/publications. If you require assistance, please contact the ALRC. ISBN: 978-0-6482087-9-2 Citation: Australian Law Reform Commission, Judicial Impartiality: Consultation Paper (CP 1, 2021) Commission Reference: ALRC Consultation Paper 1, 2021 © Commonwealth of Australia 2021 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non-commercial use or use within your organisation.