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
11 August 2017

On the dead

The dead are hard to think about – and, in many ways, to read about. Unlike animals, which Lévi-Strauss declared were not only good to eat but bon à penser, too, I found that I averted my eyes, so to speak, several times as I was reading [The Work of the Dead: A Cultural History of Mortal Remains]. Not because of the infinite and irreversible sadness of mortality, or because of the grue, the fetor, the decay, the pervasive morbidity – though Laqueur’s gallows humour about scientific successes in the calcination of corpses can be a bit strong – but because the dead present an enigma that can’t be grasped: they are always there in mind, they come back in dreams, live in memory, and if they don’t, if they’re forgotten as so many millions of them must be, that is even more disturbing, somehow reprehensible. The disappeared are the unquietest ghosts.

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