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Challenging judicial impartiality

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Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.

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Keywords: derailment of strategic maneuvering; disqualification request; impartiality; legal argumentation; rhetorical question; strategic maneuvering

Document Type: Research Article

Publication date: September 25, 2019

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