There’s a very good reason for the separation of powers – particularly law and governance:
There will be many who gnash their teeth and wail that a High Court intervention interferes with the so-called “will of the people.” It depends, however, on what the issue is. Many of the same have high hopes that the High Court will intervene and prevent the continuance of federal funding for the School Chaplaincy program – which is fine – we’re human beings and that doesn’t mean we are perfectly consistent.
But a High Court with its limited function filtered through constitutional interpretation is a safeguard against our inconsistencies – in this instance – our government’s blind spot where basic human rights are concerned. Today’s decision indicates that, even without a Human Rights charter, there is sufficient punch within the Australian Constitution to question the unconscionable action of the so called Malaysia deal. Let’s hope, in two weeks’ time, the full bench squashes this policy forever.