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
21 February 2019

On the stand-off in Venezuela

But [Venezuelan President] Maduro’s intransigence has been more than matched by that of the opposition. Its leaders are fervently committed to overturning chavismo, driven by a visceral loathing that often comes with a strong dose of racism. The first direct challenges to Maduro’s rule came in early 2014, with a series of protests, the guarimbas, led mainly by the middle class and students. Then, in December 2015, the opposition gained control of the National Assembly: the first time it had a majority there since Chávez took office in 1999. With this, an institutional deadlock came into being that has lasted to this day: chavistas are in charge of the executive and – since Maduro designated a new supreme court in 2015 – the judiciary; but the opposition has the legislature, and refuses to recognise the authority of the other two branches of government.

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