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
15 October 2016

On the DRC

Congo is a country that has been impoverished by its riches. First it was its human capital that suffered, its people brutally enslaved by Arabs and then Europeans. Then the Europeans took it over, or, to be precise, one European, King Leopold II of the Belgians, who presented himself – the old monster – as a humanitarian, and was given the Congo as a personal fiefdom to prevent his more powerful neighbours squabbling over it. (There’s still a statue of him, incidentally, in the Jardin du Roi in Brussels.) He then sublet it to capitalist ‘concessionaires’ whose exploitation of its rubber and palm oil gave rise to atrocities that are among the most notorious in colonial history.

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