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
29 June 2017

On gay persecution

What occurred in Chechnya in late winter went beyond beatings and blackmail. Ali appears to have been one of the first men to be swept up in the recent wave of detentions of gay men, carried out on orders from the top of the Chechen government. Those who were brought in and later released issued dire warnings on Russian social networks, in closed groups for Chechen gay men. On April 1st, Novaya Gazeta, a Moscow newspaper with a long and distinguished track record of reporting from Chechnya, published an article claiming that it had been able to confirm more than a hundred arrests and three deaths resulting from this sweep.

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