The Impact of Prejudice on Judicial Decision-Making in Czech Courts

Jurisprudence 1/2025 Section: Articles Page: 11-25

Keywords: impartiality, prejudice, objection to bias, judicial decision-making

Abstract: The article addresses the impact of prejudice on judicial decision-making in Czech courts, focusing on the application of the subjective and objective tests of impartiality. Although the legal framework is designed to ensure the maximum degree of impartiality in judicial decision-making, decision-making processes may still be influenced by the judge's prejudices. Moreover, in assessing impartiality, not only the judge's internal conviction regarding the case at hand but also external factors may be crucial, including the appearance of impartiality in the eyes of third parties. Through an analysis of Czech court case law, the article will demonstrate how prejudices influence judicial decision-making processes and how these influences are reflected in specific court rulings.

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