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
10 August 2018

Two years ago, the ESPN host Bomani Jones appeared on the network’s morning show wearing a T-shirt that seemed, at first glance, to bear the logo of Cleveland’s baseball team, but, in place of the trademark cursive “Indians,” the shirt read “Caucasians”; the crude caricature of a Native American had also been altered to look like a grinning white man. The reaction was swift: ESPN demanded that he cover up the shirt while on air; many white people criticized Jones’s “racism” on social media. The point was easy to discern: Native Americans continue to be depicted in derogatory ways and relegated to a kind of racist stereotype in a manner that many white people would find intolerable were it directed at them.

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