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
28 September 2016

bell hooks on love and freedom

Without an ethic of love shaping the direction of our political vision and our radical aspirations, we are often seduced, in one way or the other, into continued allegiance to systems of domination—imperialism, sexism, racism, classism. It has always puzzled me that women and men who spend a lifetime working to resist and oppose one form of domination can be systematically supporting another. I have been puzzled by powerful visionary black male leaders who can speak and act passionately in resistance to racial domination and accept and embrace sexist domination of women, by feminist white women who work daily to eradicate sexism but who have major blind spots when it comes to acknowledging and resisting racism and white supremacist domination of the planet.

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