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
28 October 2016

On bizarre New Age state capture breakfast

Welcome to occupied Azania during the Age of the Fallists, where “state capture” serves as an endlessly mutable neologism employed to describe the machinations of a patronage system. The gentlemen attending the TNA Breakfast Business Briefing, their eggs sweating polyunsaturated goop, their bodies melting with over-prescribed lipostats, were trying to do what everyone does in a time of self-reinforcing non-fact-based infotainment: reduce “state capture” to a series of pithy hashtags, in turn circulated by trolls/supporters, all in hope of achieving a critical mass of truthiness.

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