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.
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
On white fragility
Self-righteousness becomes a seductive complement to “White Fragility,” as gin is to a mystery novel. (“I would never,” I thought, when DiAngelo described the conversation in which her friend dismissed a predominantly black neighborhood as “bad,” unsafe.) Yet the point of the book is that each white person believes herself the exception, one of very few souls magically exempt from a lifetime of racist conditioning. DiAngelo sets aside a whole chapter for the self-indulgent tears of white women, so distraught at the country’s legacy of racist terrorism that they force people of color to drink from the firehose of their feelings about it.
