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
31 October 2018

On Brazil

Globally, Bolsonaro’s imminent ascension to Brazil’s Presidency has appended Brazil to the growing ranks of nations ruled by authoritarian populists who openly espouse bigoted, misogynistic, homophobic, and anti-immigrant views, as well as violence as a means of problem-solving. Bolsonaro, a far-right extremist who has spent years shouting insults from the fringes of Brazil’s politics at women, blacks, gays, and leftists while lauding the use of torture and calling for a restoration of military rule, now represents the new mainstream.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest