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
26 February 2019

On the Oscars

This year’s Oscars were the “Jurassic Park” edition: Hollywood’s dinosaurs have come back full force from their welcome obsolescence and laid waste to their own playground. In 1990, “Driving Miss Daisy,” a film of benighted attitudes toward racial comity, won Best Picture—beating out “Do the Right Thing” even before entering the auditorium, because Spike Lee’s film wasn’t nominated. This year, Lee had a film nominated —“BlacKkKlansman”— and it was beaten out for Best Picture by “Green Book,” a movie that’s at least as backward as “Driving Miss Daisy” regarding the culture and politics of the Jim Crow era, twenty-nine years later.

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