The no-conflict fiduciary rule and the rule against bias in judicial review: A comparison

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Abstract

This article explores the parallels between the fiduciary rule against conflicts of interest and the rule against bias in judicial review, with a view to providing novel normative insights into the purpose of the fiduciary no-conflict rule. Despite the significant doctrinal statements and judicial dicta highlighting the similarities between the two rules, the fiduciary literature has yet use this analogy to shed light on the purpose and function of the strict no-conflict fiduciary rule. This paper will argue that, analogous to the main purpose of the rule against bias, the fiduciary no-conflict rule aims to insulate the exercise of discretion from self-interest or other irrelevant considerations that may affect, directly or indirectly, the reliability and trustworthiness of the fiduciary’s decision-making process.
Original languageEnglish
Pages (from-to)233-272
Number of pages40
JournalEuropean Journal of Comparative Law and Governance
Volume6
Issue number3
DOIs
Publication statusPublished - 3 Oct 2019

Keywords

  • conflict of Interest
  • bias
  • fiduciary duties
  • judicial review of administrative action
  • natural justice

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