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
7 March 2018

On This Land is Ours

The Land is Ours is Ngcukaitobi’s first book, and this reviewer sincerely urges that it should not be his last. His suggestion that the answers to the land question and restitution lie within the confines of the law, even if the law itself alone is insufficient for justice, is a useful provocation, especially to those with ready access to the levers of law. However, in the meantime, so-called land invasions by poor, landless Black people continue, as do their evictions by the state’s anti-land-invasion units, and the destruction of the homes they’ve made on the vast tracts of open land owned by individuals, companies and the state.

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