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
27 October 2013

Italy is what happens when a country knows full well what its problems are but can’t summon the discipline and will to fix them. It’s what happens when political dysfunction grinds on and on and good governance becomes a mirage, a myth, a joke. Italy coasts on its phenomenal blessings rather than building on them and loses traction in a global economy with more driven competitors. Sound familiar? There’s so much beauty and promise here, and so much waste. Italy breaks your heart. And it’s not all Silvio Berlusconi’s doing. – Frank Bruni in the New York Times

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