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
14 February 2011

The problem with cronies is that they always have to eat first. Again, ask Hosni Mubarak. No matter how straight your face is when you approve your five-year plans and your growth paths and your job-creation schemes, there’s always another priority. The cronies. They’re the ones who need Transnet to build track to their mines today . They’re the ones who want this person appointed to that position. A quick special meeting before the main meeting. They’re the reason you can never truly throw yourself at any problem, just in case you get in their way. The cronies are a direct tax on the poor. Zuma can’t see it because his only direct experience of money is getting it and not making it. It’s almost not his fault, but I won’t patronise him. He is responsible for his actions and he makes his own choices. – Peter Bruce, in Business Day

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