When the High Court saves us from ourselves…



There’s a very good reason for the separation of powers – particularly law and governance:

High Court puts Malaysia deal on hold | News.com.au.

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.

Published by wonderingpilgrim

Not really retired but reshaped and reshaping. Now a pilgrim at large ready to engage with what each day brings.

2 thoughts on “When the High Court saves us from ourselves…

  1. Let us hope so. Did you see my legal situation? The ICCPR is not included in our domestic laws, so while I can complain to the AHRC, there is not avenue for action? Crazy stuff.


  2. Yes, the law is a strange animal – sometimes an ass, sometimes blind, and very manipulable by the powerful in the land. There are also times when you don’t know if you’re dealing with a paper tiger or have a real tiger by the tail. But often one is just stuck. Following your family saga I have the impression you know all this from the inside out!


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