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 June 2017

Solnit on ourselves and Trump

We gain awareness of ourselves and others from setbacks and difficulties; we get used to a world that is not always about us; and those who do not have to cope with that are brittle, weak, unable to endure contradiction, convinced of the necessity of always having one’s own way. The rich kids I met in college were flailing as though they wanted to find walls around them, leapt as though they wanted there to be gravity and to hit ground, even bottom, but parents and privilege kept throwing out safety nets and buffers, kept padding the walls and picking up the pieces, so that all their acts were meaningless, literally inconsequential. They floated like astronauts in outer space.

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