My opinion is protected…(and so is yours)
I don’t always get to my The Law Report podcasts in a timely manner. So it was only last night that I was able to listen to the show from 23 May 2006.
A fascinating program, as always, this time with relevence to what I am- opinionated.
It seems, according to the highly experienced Ron Merkel, who had ten years in the Federal Court and 25 years prior to that as a barrister with an extensive practice in public law, my opinion is enshrined in Law.
“Damien Carrick: There has of course been quite a history of stoushes between judges and the current Attorney General, who was for many years the Immigration minister. I remember at one point Philip Ruddock, when he was Immigration minister, saying something along the lines of ‘Even when legislation is amended’ (he was talking about migration legislation) ‘the Federal Court judges are always going to try to deal themselves back into the review game’. He was basically saying, (these are my words, not his) ‘You engage in a bit of traditional activism here’.”
“Ron Merkel: I suppose the wonderful thing about living in a democracy is everyone, including the Attorney General, is entitled to have an opinion.” (Bold is mine)
Image from here
August 4th, 2006 at 9:48 am
“the Federal Court judges are always going to try to deal themselves back into the review game’”
It is of course their job to. When all forms of review are removed, effectively you assign legislative power to public servants, because if you are saying they can apply something other than the law of australia at the time they make a decision you effectively allot them the power to temporarily rewrite the relevant provisions for themselves.
THat’s what all the judge bashing ignores here, it isn’t that the judges are trying to exercise legislative power, but that the legislature is trying to vest officers of the executive with (fleeting moments of) legislative power.
Ruddock wanted to be able to write laws that look fair, then push dimia to develop policies and practices that frequently bend or subvert those laws under the protection of catch-all review ouster clauses.
Not that I have an opinion on this rarified topic or anything!
August 4th, 2006 at 7:04 pm
Go deep and go hard Armaniac!
Your opinion, if you should indeed have one, is a cornerstone of democracy itself.