Gregor Vollkommer
Der ablehnbare Richter
Die Durchsetzung des verfassungsrechtlichen Gebots richterlicher Unparteilichkeit im Prozeß
[Disqualifying Judges. By Gregor Vollkommer.]
2001. 408 pages. Unrevised ebook edition 2025. Digitize on Demand
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The right to an impartial judge is said to be a standard prerequisite of constitutional and procedural law. A problem, however, arises when grounds for disqualifying a judge are not discovered until after he has pronounced judgment. Judicial decisions and virtually all of the scholarly literature in continental European legal systems agree that a judge cannot be disqualified after the fact. Anglo-American legal sources disagree. Gregor Vollkommer is the first to deal with this topic dogmatically. In this work he provides a comprehensive solution to this problem.