The interpretation of the separation of federal judicial power derived from Chapter III of the Constitution is as hotly debated as it is fundamentally important. Two key viewpoints have emerged in this debate, formalism and functionalism. A formalist test focusing on defi nitional characteristics governs the permissible powers of federal courts. A functionalist test looking to whether a power i...

I reconstruct here the implicit rationale of Smith’s ethical system, which unites in a single and consistent theory the most valuable features of both ancient virtue ethics and modern deontology. I propose that Smith could do this because of his approach to what I call “sympathetic impartiality”, and the pretension of universality that arises from it. In Smith’s theory, sentiments are moralized...

In March 2005, the Australian Broadcasting Authority finally delivered its report responding to Richard Alston's 68 complaints about coverage of the 2003 Iraq war on the ABC radio program AM. While the report found that AM's coverage was 'of a high standard overall', it upheld six further complaints for on the grounds that they breached the ABC Code of Practice's requirement of 'impartiality', ...

arbitrator or private judge must be independent and impartial. domestic and international commercial arbitration law in many countries in addition to the obligation, the independence and impartiality of arbitrator, has other obligations, namely the obligation to disclose. arbitrator must disclose any relationship with the parties to arbitration. commitment to disclosure should not be mixing wit...