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
13 April 2007

Sexuality is genetic: New York Times

Interesting article in the New York Times yesterday reviewing the latest scientific evidence that concludes sexuality is genetic. Money quote:

Desire between the sexes is not a matter of choice. Straight men, it seems, have neural circuits that prompt them to seek out women; gay men have those prompting them to seek other men. Women’s brains may be organized to select men who seem likely to provide for them and their children. The deal is sealed with other neural programs that induce a burst of romantic love, followed by long-term attachment.

Not that it should matter, of course. Even if one’s sexuality was chosen it would still be an intimate and important aspect of one’s life – like religion, say – worthy of constitutional protection. But it does answer conservatives who argue that homosexuality is a “lifestyle”.

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