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
25 December 2008

Newsflash: Edwin Cameron appointed to the Constitutional Court

I just received the following message from the Treatment Action Campaign:

The Treatment Action Campaign congratulates Justice Edwin Cameron on his appointment to the Constitutional Court.

Justice Edwin Cameron has been appointed to the Constitutional Court of South Africa by President Kgalema Mothlanthe. Edwin Cameron has been described as the best legal mind of his generation. His career as an anti-apartheid lawyer opposed forced removals, military conscription, unfair labour practices and censorship. Cameron was one of the first judges appointed by President Nelson Mandela and has built a substantive jurisprudence on equality, rights to social security, freedom of expression and the rights of rape survivors.

Justice Edwin Cameron is a gay man who lives openly with HIV/AIDS. His appointment to the highest court in our country is an affirmation of the Bill of Rights, the rule of law and non-racialism.

Justice Cameron replaces Justice Tholekile Madala whose term ended this year and has retired.

A good appointment. Four appointments to go. Thabo Mbeki must not be happy because Justice Cameron has been one of the first to speak out forcefully and bravely against his views on HIV/AIDS. And our first opennly gay man on the highest court. What a nice Christmas present.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest