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
6 July 2017

James Baldwin

Our passion for categorisation, life neatly fitted into pegs, has led to an unforeseen, paradoxical distress; confusion, a breakdown of meaning. Those categories which were meant to define and control the world for us have boomeranged us into chaos; in which limbo we whirl, clutching the straws of our definitions. The “protest” novel, so far from being disturbing, is an accepted and comforting aspect of the American scene, ramifying that framework we believe to be so necessary. Whatever unsettling questions are raised are evanescent, titillating; remote, for this has nothing to do with us, it is safely ensconced in the social arena, where, indeed, it has nothing to do with anyone, so that finally we receive a very definite thrill of virtue from the fact that we are reading such a book at all.

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