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
24 June 2010

If the process of forgiveness is to be concluded, moreover, it requires of the wrongdoer that he understand that he has done wrong. It must therefore be preceded by remorse and then by self-forgiveness — for surely one can only truly accept forgiveness from others when one has forgiven oneself? Most whites have not begun to take that first step. Former president FW De Klerk, a formidable strategist but not a statesman, set the pattern of evasion that still characterises white sentiment today. There has been no apology — just equivocation and amnesia, followed directly by the blather of the “open opportunity society”. When the issue of responsibility is pushed, Afrikaners and English cynically point the finger at each other for a system from which they benefited together. – Anthony Butler in Business Day

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