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
24 November 2015

Textbook: South African Constitutional Law in Context

9780195991376_South-African-Constitutional-Law_cov (3)

P. de Vos, W. Freedman (editors)

D. Brand, C. Gevers, K. Govender, P. Lenaghan, D. Mailula, N. Ntlama, S. Sibanda, L. Stone (contributors)

February 2014 (Oxford University Press

South African Constitutional Law in Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential. The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner.

To order go to: http://www.oxford.co.za/catalogue/book/9780195991376-south-african-constitutional-law-in-context#.VlPdyYSMihQ

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