The No-conflict Fiduciary Rule and the Rule against Bias in Judicial Review

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 rule. It argues 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.