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
19 October 2016

On the suppression of votes in USA

These restrictive laws and practices, all invoked by Republicans, have the purpose and effect of reducing turnout disproportionately among racial minorities and the young, populations that are more likely to vote for Democrats. The Republican Party is evidently worried that the growing numbers of nonwhite citizens in the US are unlikely to vote for their candidates, a concern deepened by the campaign of Donald Trump. Instead of modifying their policies to address the interests of new voters, however, the Republicans have sought to suppress those votes. The strategy, profoundly antidemocratic in the small “d” sense, can swing elections in the short term. But in the long term, it will not only damage American democracy but will be self-defeating for the GOP.

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