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 December 2018

How the internet has changed the news

The internet hasn’t so much changed people’s relationship to news as altered their self-awareness in the act of reading it. Before, we were isolated recipients of the news; now, we are self-consciously members of groups reacting to news in shared ways. Marvellously, this facilitates solidarity for the truly oppressed, for campaigners, for those with minority interests. But it also means that the paranoid, the suspicious, the xenophobic and the conspiracy-minded know they’re not alone. They’re conscious of themselves as a collective, as an audience, weeping, cheering, heckling and screaming from the safety of the darkness over the stalls, occasionally pulling on a mask to jump onto the stage and pull down the trousers of the performers or to start a false panic that the theatre is on fire.

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