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
14 September 2016

Free speech is an aberration

Free speech is an aberration – it is best to begin by admitting that. In most societies throughout history and in all societies some of the time, censorship has been the means by which a ruling group or a visible majority cleanses the channels of communication to ensure that certain conventional practices will go on operating undisturbed. It is not only traditional cultures that see the point of taboos on speech and expressive action. Even in societies where faith in progress is part of a common creed, censorship is often taken to be a necessary means to effect improvements that will convey a better life to all.

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