Georgia Journal of International and Comparative Law, Vol. 3, No. 1 (1973), pp. 18-45


The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective of the present article is to examine the manner in which the law of the German Federal Republic (West Germany) has dealt with this problem.