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 December 2016

On trolls

Trolls are also distinguished from their predecessors by seeming not to recognise any limits. Ridicule is an anti-social force: it tends to make people clam up and stop talking. So there is a point at which, if conversation and community are to continue, the joke has to stop, and the victim be let in on the laughter. Trolls, though, form a community precisely around the extension of their transgressive sadism beyond the limits of their offline personas. That the community consists almost entirely of people with no identifying characteristics – ‘anons’ – is part of the point. It is as if the laughter of the individual troll were secondary; the primary goal is to sustain the pleasure of the anonymous collective.

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