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
26 May 2017

On bad journalism

Dacre’s paper [the UK Daily Mail] is like the drunken lout at a party who can’t get anyone to like him. Suddenly all the girls are sluts and all the men are poofs and he’s swinging at the chandelier before being huckled outside to vomit on the lawn. The Mail desecrates the holy places where it likes to stake its claim, and would be a laughable rag, really, were it not for our degraded political culture taking it seriously. Look at the paper itself and you see it is not the real voice of England, but a dark distortion of it, a post-truth version that shouts about decency but doesn’t exhibit any, that praises aspiration but only certain sorts.

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