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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Impartiality of the Judiciary

Piotr Mikuli

Subject(s):
Judicial review — Judicial accountability — Judicial independence — Judicial power — Fair hearing and fair trial

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Impartiality of the judiciary is a derivative of the independence of the judiciary , which as such constitutes one of the most cardinal principles of the contemporary democratic state ruled by law. 2. According to the Collins dictionary, the term ‘impartial’ means ‘not prejudiced towards or against any particular side or party; fair; unbiased’. Similar definitions are given in the Cambridge and Oxford dictionaries, according to which it means respectively ‘not supporting any of the sides involved in an argument’ and ‘treating everyone or everything equally, not...
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