Krytyka Prawa. Niezależne Studia nad Prawem
Bezstronność i neutralność światopoglądowa sędziego
Uniwersytet Jagielloński w Krakowie
Abstract
The article has two basic goals. The first one is to create a conceptual framework
for the discussion of judicial impartiality. In order to achieve this aim, in this text I reflect on three aspects of the principle of impartiality, which have generally been studied independently from one another in the literature. I make an attempt to show that the three distinguished aspects of impartiality can be analysed, using a uniform conceptual scale. The second goal of the paper is to justify a claim that one of these aspects (namely the aspect of impartiality towards worldview doctrines) differs from the other two in terms of structure. In the text, I attempt to consider that difference and then propose a formula for judicial worldview neutrality that takes into account the special nature of that aspect of judicial impartiality. The conclusion of these reflections is the introduction of two versions of the worldview neutrality principle, which should – in my view – be applied in activities under taken by judges.