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
19 March 2011

There was high drama right up to the surprising Security Council vote on Thursday night, when the ambassador for South Africa, viewed as critical to getting the nine votes needed to pass the resolution, failed to show up for the final vote, causing Ms. Rice to rush from the chamber in search of him. South Africa and Nigeria — along with Brazil and India — had all initially balked at authorizing force, but administration officials believed they had brought the Africans around. Mr. Obama had already been on the phone pressing President Zuma of South Africa to support the resolution, White House officials said. Eventually, the South African representative showed up to vote yes, as did the Nigerian representative, giving the United States one vote more than required. – The New York Times

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