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
18 July 2018

Mamdani on the African University

It is striking, in the postcolonial era, how little the modern African university has to do with African institutions. It draws its inspiration from the colonial period and takes as its model the discipline based, gated community that maintained a distinction between clearly defined groups: administrators, academics and fee-paying students. The origins of this arrangement lay in 19th-century Berlin, and Humboldt University, founded in 1810 in the aftermath of Napoleon’s conquest of Prussia. The African university makes its appearance later in the 19th century. At the southern end of the continent, colleges were started from scratch – Stellenbosch, Cape Town, Witwatersrand. In the north, existing institutions such as al-Azhar in Cairo, a centre of Islamic scholarship, were ‘modernised’ and new disciplines introduced.

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