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
28 November 2013

Naked but for the towel around his waist, a man of a certain age sat by himself, bent slightly forward as if praying, in a corner of the sauna at a gym in central Rome. I had not met this man before, but as I entered the sauna, I thought I recognized him from photographs. He looked like a priest with whom I’d corresponded after mutual friends put us in touch, a man I had wanted to consult about gay clerics in the Vatican Curia. My friends told me that this priest was gay, politically savvy, and well connected to the gay Church hierarchy in Rome. But this couldn’t be that priest. He had told me that he’d be away and couldn’t meet. Yet as I looked at the man more closely, I saw that it was definitely him. When we were alone, I spoke his name, telling him mine. “I thought you were out of the country,” I said. “How lucky for me: you’re here!” Startled, the priest talked fast. Yes, his plans had changed, he said, but he was leaving again the next day and would return only after I was gone. – Micheal Joseph Gross in Vanity Fair on “gay cabal” in the Vatican

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