International records / OpenAlex research

Shielding Judicial Action

Abstract When the necessary factors are present, the preceding chapter and the above quotation have shown that the immunity accorded to judges of superior courts is absolute. This means that the immunity applies even if the judges are alleged to have been corrupt, malicious, or negligent. This is the law in many common-law jurisdictions. For example, it is the law of England, The United States of America, Canada, Australia, New Zealand, Nigeria,7 and Trinidad. The factors which are relevant to the provision of immunity are (1) whether the act complained of was a judicial act, and (2) whether o…