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The Forum > Article Comments > The fragility of liberty in Australia > Comments

The fragility of liberty in Australia : Comments

By Patrick Keyzer, published 21/1/2014

Should politicians have the power to reverse a decision of a court? Thankfully the Queensland Court of Appeal said 'no'.

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The saddest thing about reading many of the comments to a thread like this is that it does not result into a discussion of how our democracy works and why it has been so successful. There seems to be very little understanding of the roles our various Constitutions have and why they need to be interpreted. There also seems very little understanding of how our legal system, Common Law, works and operates.

I'm not clear how slapping an epithet, like 'progressive' or a ridiculous name on someone with whom you do not agree with supports any argument. You're falling for the silly tribal tropes politicians are so fond of as it requires no effort to articulate any idea or concept, Conservative or Progressive.

Just suppose an elected government can just change laws without independent oversight from the Judiciary, and the government of the day enacts "the Voters Act", which states that only those who own property can vote. There'll be a little debate on that, on Forum perhaps. Then comes the "The Property Ownership Act".
Posted by yvonne, Wednesday, 22 January 2014 5:16:08 PM
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the current appalling situation in Nauru
James O'Neill,
have you thought about the very strong possibility that this juddge who, btw is Australian might have been ousted due to incompetence ? Judging by the way judges operate here I'd gueess that's what happened in Nauru. I'd say actual Justice not just some pretence was served there.
Posted by individual, Wednesday, 22 January 2014 6:14:54 PM
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No Yvonne, the fact is that we are sick to death of a bunch of the legal profession, who have the totally mistaken idea that they know best.

Granted they may know how best to get out of trouble of their own making, by hiding facts, & having others in the profession protect them. They are so far out of mesh with the society that funds them that it as if they are from a different planet.

There will be no justice in Oz until we the public chose our judges, & can kick them out when they prove unsuitable.

Yes we have the thing called the LAW, controlled by people like this author, who obviously have no interest in justice, or the will of the people. In fact, it is probably fair to say he despises the will of the people, & is terrified it might come to pass.
Posted by Hasbeen, Wednesday, 22 January 2014 10:20:32 PM
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what protects our democracy is not a bill of rights, not the will of the people, but a judiciary independent of the executive and independent of the government. the ussr had a wonderful bill of rights guaranteeing freedoms, tell that to the millions who died in the gulags and they will laugh, it was not a deficiency in the bill of rights it was the insipid judiciary which bent to the will of the executive. those that want politicians reversing decisions will only do so when they disagree with the judgement, look at the outcry over derryn hinch's jailing. he could have jeopardised a trial, it could have led to a murderer being out on the streets because of ego, sure if he wanted to criticise the justice system he could but after the trial. i would hate to lose a loved one because a murderer was set free because a moronic media ego thought he knew best
Posted by SLASHER1, Thursday, 23 January 2014 3:01:26 PM
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Hasbeen, your comments about our judiciary and legal system are infantile and ignorant. Please inform yourself on how Common Law works. Try and curb your paranoia about anybody with an education level past year 8 (in Queensland) when you do so.
Posted by yvonne, Thursday, 23 January 2014 5:01:26 PM
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yvonne,
You've obviously never been a victim otherwise you woudn't contradict Hasbeen.
Posted by individual, Thursday, 23 January 2014 7:18:38 PM
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