Max,

Let it go. Albrechtsen isn't very good at law. She doesn't understand basic concepts and thats pretty evident in her writings. I think that most of us in the profession know that she wide of the mark in a lot of her criticisms of the judiciary. But honestly, it doesn't matter. She isn't taken seriously by government lawyers, commercial lawyers, barristers or judges. She's not going to change the law. She's just making a fool of herself.

Whether or not Albrechtsen understands legal concepts is no more relevant than whether members of the legal profession take her criticisms of judges seriously. The essay is much less about Albrechtsen than a theory of law she holds which many lawyers and law teachers do take seriously, and which has serious consequences for law and law reform. The popularity of this theory, and the failure of the profession to question it, is arguably responsible for the present moribund state of the general debate on rights and the failure of the bill of rights in particular.