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
23 August 2017

A new low for Trump?

I confess my standards are so low for Trump at this point that it’s hard for me to have quite the shock that I’m seeing from some of the TV commentators right now [about Trump’s speech at a rally in Arizona]. Let’s be honest. He’s done worse. He’s done worse in the last week. This is the President. It’s who he is. It’s like letting an addict who’s been clean for a couple days hang out with his friends at the crack house. It’ll go downhill fast. And so it did.

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