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
17 November 2020

On awful Jared and Invaka

“Ivanka [Trump] is no Princess Margaret and Jared [Kuschner] is not the Duke of Windsor regaling guests with amusing bon mots to a captive audience. No one wants to hear about Sarah Huckabee’s pies or Steven Bannon’s shirts.” A snob like that actually deserves a dynamic duo like them (and may shed light on how President Trump found the traction in the heartland that he did). Javanka can’t protest that they moderated the president, not after his past immoderate weeks of raging against democracy and conniving to subvert it. They can’t retroactively claim some profound but strangled ambivalence about his reign, not after her fangirl phantasmagoria at the Republican convention. No, they have made their bed. Lucky for them, the sheets have a serious thread count.

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