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
17 June 2016

Trump lies like other people breathe

[Donald] Trump lies the way other people breathe. We’re used to politicians who stretch the truth, who waffle or dissemble, who emphasize some facts while omitting others. But I can’t think of any other political figure who so brazenly tells lie after lie, spraying audiences with such a fusillade of untruths that it is almost impossible to keep track. Perhaps he hopes the media and the nation will become numb to his constant lying. We must not. Trump lies when citing specifics. He claimed that a “tremendous flow of Syrian refugees” has been entering the country; the total between 2012 and 2015 was around 2,000, barely a trickle. He claimed that “we have no idea” who those refugees are; they undergo up to two years of careful vetting before being admitted.

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