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The Forum > Article Comments > Queensland’s Alice in Wonderland bill of rights is a sense less power transfer > Comments

Queensland’s Alice in Wonderland bill of rights is a sense less power transfer : Comments

By James Allan, published 19/11/2018

Are these types of assessments legal questions or are they just politics dressed up as law in order to remove them from the political sphere and transfer them to a ­lawyerly caste of judges?

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If idiot politicians like those in Queensland and Victoria keep handing the controls over to unelected judges, they might find themselves redundant. The laws they have are more than adequate to ensure human rights. The idiots are giving unelected judges the right to make law, not interpret it as they are supposed to. 'Rights’ will be manufactured as they are now wherever a Bill of Rights exists.

No, is the answer to “ Do you think that a law degree and a decade or two of practising law and then appointment to the bench makes someone better qualified than the rest of us to decide if some policy encapsulated in law is "reasonable", "proportional" or "justifiable" when that policy is held up against "human rights"?

Suddenly 'found’ rights; abortion on demand - Queensland and Victoria are entering the la la land of rogue, failed states.
Posted by ttbn, Monday, 19 November 2018 8:21:42 AM
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Alice was written by an opium addict and statistics for Australia show recent increases in the use of opioids, and opioid-related poisonings, overdoses and deaths. This reflects international trends.
Canberra's parties are Tweeldedee and Tweedeldum at a mad hatter's tea-party with the pack of cards. Even the rabbit was a curiosity and Alice was the judge in the centre of the red heart. Makes sense.
Posted by nicknamenick, Monday, 19 November 2018 11:14:01 AM
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Yes, we should have a bill of irrevocable rights, that is ours by divine right rather than what some Judge/former Lawyers decides is a reasonable right. And while the right to free speech, assembly and worship are assured?

Just back from a tour of several banks trying to get money to rescue a valued friend. With one cursory glance at my paperwork, a bank employee decided it was a scam.

I Know that Duran fruit smells like a rotting corpse and many folks will swear on a bible that's what it is, sight unseen. I think the way I was handled by my bank robbed of what anyone would determine was a reasonable right, but in so doing impacted on my personal life in a most vicious and cruel way, to the point where I'm contemplating suicide. Well Done CBA!

I know something of scams and they are not financed by a reputable foreign bank like Wells Fargo!

Folk Who have read my comments on thorium, know that once I get my teeth into an issue, I lock my jaw and go on and on like water wearing away at rock.

Banks shouldn't be allowed t discriminate or abuse the elderly, with their version of financial abuse. And having someone else a bank official decide that YOU CANNOT spend your money, as you see fit, because like me as you can see from these penned lines,

I am no longer able to make informed decisions. Can't describe the humiliation I was forced to endure while a bank employee decided I wasn't competent to manage my own financial affairs.

I believe we should have a right to manage our own financial affairs, without begging a bank employee for permission. If you believe I'm livid and likey to have another massive brain haemorrhage, that would be right on the money. I should have an absolute right to manage my own financial affairs without having that right arbitrarily removed by a bank employee. Names and pack drill to follow, unless!
Alan B.
Posted by Alan B., Monday, 19 November 2018 4:43:43 PM
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Isn't judges, lawyers etc with the AAT and Ombudsmen who keep overturning deportation orders for rapist, illegal immigrants, crimminals, paedophiles etc etc. We need the legal swamp drained. Not sure how to start but Trump gives the average person a glimmer of hope.
Posted by runner, Monday, 19 November 2018 4:51:02 PM
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.

Dear James Allan,

.

You wrote :

« I am a long-time opponent of these instruments because in my view they are fundamentally undemocratic - they empower judges and they disempower politicians.

The extent of that power transfer no doubt varies with the type of bill of rights on offer, but a transfer it is (or why push for one)? »
.

There lies the error, James. A bill of rights is not a transfer of power, nor is it undemocratic. It is a safeguard against the abuse of power of democratic government.

There is no perfect political system or form of government. All have their shortcomings, including democracy. Power corrupts; absolute power corrupts absolutely and, as Lord Acton said in his famous speech on “The History of Freedom in Antiquity” in 1877 :

« The ancient writers saw very clearly that each principle of government standing alone, is carried to excess and provokes a reaction. Monarchy hardens into despotism. Aristocracy contracts into oligarchy. Democracy expands into the supremacy of numbers. »

« It is bad to be oppressed by a minority; but it is worse to be oppressed by a majority. For there is a reserve of latent power in the masses which, if it is called into play, the minority can seldom resist. But from the absolute will of an entire people there is no appeal, no redemption, no refuge but treason. The humblest and most numerous class of the Athenians united the legislative, the judicial, and in part, the executive power. The philosophy that was then in the ascendant taught them that there is no law superior to that of the state, and that, in the state, the law-giver is above the law. »

He added :

« They [the Athenians] understood that for liberty, justice, and equal laws, it is as necessary that the Democracy should restrain itself as it had been that it should restrain the Oligarchy.

The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities » :

http://www.mondopolitico.com/library/lordacton/freedominantiquity/freedominantiquity.htm

.
Posted by Banjo Paterson, Tuesday, 20 November 2018 8:12:36 AM
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