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
27 September 2017

On Academic Censorship in China

Five years ago, no one on the mainland would have thought that an English academic journal with a small, highly specialised readership would require censoring. Chinese censors usually target large foreign news outlets such as the New York Times, the BBC, the Economist, or the Wall Street Journal, and leave academics in peace. The New York Times is blocked in both its English and Chinese versions by the Great Firewall of China (the world’s most infamous internet censor); the BBC’s main anglophone site comes and goes, depending on what it’s publishing; the Chinese version is fully blocked.

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