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
22 January 2011

The authoritarian national liberation left is locked in a state centric practice. Society must be engineered from above and through the state. The coercive apparatus of the state, its intervention capacity, must be harnessed to bring change to the people. The people are passive recipients of what is deemed in their best interests. The Democratic Left on the other hand is seeking to democratise and embed the state in civil society. It is about building the capacity of the people, particularly the working class and the poor from below, to lead societal change. It is about a relational understanding of the state in which the power of the people determines the power of the state. – Vishwas Satgar

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