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
22 June 2016

On transgender rights

I would tentatively suggest that we are witnessing the first signs that the category of the transsexual might one day, as the ultimate act of emancipation, abolish itself. In ‘Women’s Time’ (1981), Julia Kristeva argued that feminists, and indeed the whole world, would enter a third stage in relation to sexual difference: after the demand for equal rights and then the celebration of femininity as other than the norm, a time will come when the distinction between woman and man will finally disappear, a metaphysical relic of a bygone age.

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