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
15 April 2007

Bertolt Brecht on democracy

After the uprising on June 17th,
The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee
Upon which was to be read that the people
Had forfeited the confidence of the government
And could only reclaim it
Through redoubled efforts. Would it not be easier
Still for the government
To dissolve the people
And elect another?

—Bertolt Brecht, “The Solution,” Buckow Elegies No. 9 (S.H. transl).

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