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
4 December 2017

On cruising and queer culture

“Cottages” (or: “Tearooms”) were no heaven, granted. But they were no hell either. Mischief in public toilets left more traces in vice squad logbooks than in high literature. Within the gay community, they remain more a source of shame than pride. And yet, these public aedicules, which sheltered the escapades of so many gay men, transvestites, prostitutes and libertines, were also sites of unbridled freedom. Within these atypical places of transience and sociability, social differences were blurred and otherwise separated cultures briefly mixed. Despite being disparaged as sleazy and dirty, they allowed for immediate, anonymous sexual contacts. They were a godsend to those who could not entertain at home and expose their sexual proclivities to the outside world.

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