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
2 February 2007

Molly Ivans dead

Molly Ivans, the American journalist and humorist who once said of Ronald Reagan “if you put his brains in a bee, it would fly backwards” and that “if he gets even more sedate, we will have to water him twice a week.”, died yesterday.

Her colums on the Iraq war is almost earily accurate in its predictions. For example, on Nov. 19, 2002: “The greatest risk for us in invading Iraq is probably not war itself, so much as: What happens after we win? … There is a batty degree of triumphalism loose in this country right now.”

She was both insightful and very funny. Her take on the American gun lobby is particularly hilarious:

“I am not anti-gun. I’m pro-knife. Consider the merits of the knife. In the first place, you have to catch up with someone in order to stab him. A general substitution of knives for guns would promote physical fitness. We’d turn into a whole nation of great runners. Plus, knives don’t ricochet. And people are seldom killed while cleaning their knives.”

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