What if Judges’ Robes are not as spotless as they should be? Comparative Analytical Study of the Effects of Disqualifying a Judge in the Civil Procedures Law of Jordan
Dr. Bakr A. F. Al-Serhan
Associate Professor – Head of Private Law Department – School of Law – University of Sharjah, Sharjah – United Arab Emirates
Abstract:
This article deals with an important issue to the administration of justice in Jordanian law, which is the effect of disqualifying a civil court judge under the ‘Judges Disqualification System’ (JDS). The importance of this article is derived from the important role a judge plays in a civil case. It is not enough, as will be discussed in this article, for a judge to be impartial. A judge must also appear to be impartial. Accordingly, this article answers the question of what happens if a judge’s appearance was affected with one of the cases that deems a judge disqualified in the Jordanian law. However, although the article mainly addresses this issue in Jordanian law, a comparison is made to the position of the English law regarding this issue. The article concludes with a set of recommendations which aim at achieving a higher level of justice.
Key Words:
Judges; Impartiality; Disqualification; Civil Judges; Effects of disqualification; Jordanian Civil Procedures Law; English Law.