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
23 October 2017

On the family

Think of that entity “the family,” an impacted social space in which all of the following are meant to line up perfectly with each other: a surname, a sexual dyad, a legal unit based on state-regulated marriage, a circuit of blood relationships, a system of companionship and succor, a building, a proscenium between “private” and “public”, an economic unit of earning and taxation, the prime site of economic consumption, the prime site of cultural consumption, a mechanism to produce, care for, and acculturate children, a mechanism for accumulating material goods over several generations, a daily routine, a unit in a community of worship, a site of patriotic formation, and of course the list could go on.

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