Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
11 September 2013

Obliviousness is a social menace. It is the pampered feet in the comfortable boots that march roughshod over the lived experiences of others, the whole time believing it is engaged in some form of “doing good”; that it isn’t sexist, racist, homophobic, or bigoted in any way. Obliviousness bangs on about its right to rape metaphor and freedom to offend. Obliviousness, sadly, is an antidote to its own antidote: reading widely and with a high level of comprehension. Obliviousness is convinced it does not need to do this, because it thinks it knows enough. Hello? Obliviousness? Am I getting through? Will you go out into the yonder to read more widely and with comprehension, or are you hunkering down for another fight about why you are really right? – T.O. Molefe on Thought Leader about the need for people to read books and stuff

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