its interesting to note that those who rally against the notion of human rights in law are often the loudest to be heard when its their human rights that are being abused..blind as bats until it bites them on the bum.

Good article George

Is Leigh aware that Robert McClelland, as Attorney-General, is an elected Member of Parliament?

How exactly does his raising of this important issue "usurp the role of elected politicians"?

Leigh has already accurately described himself in this forum:

http://forum.onlineopinion.com.au/thread.asp?article=6728#101125

I can only add that he also appears to have little comprehension of the political system he loves to castigate.

people with no power have no rights. when oz has a constitution that says something like:

"we, the citizens, declare that we are masters of our nation. all law and policy requires the express consent of the electorate for legitimacy."

then, only then, do you have rights. until then you are second class people, subservient to a few hundred politicians who couldn't be admitted to the real estate agents guild because of moral failings.

so go on pretending to be grown-ups, the pollies will go on pretending too, flattery of the fools who vote for them is part of their trade tools.

Yes Demos... sounds great... just as communism sounds great - until you start to practice it. I look around me and am very pleased most of my fellow citizens don't have too much say in the making of laws.

CJ Morgan,

Your personal dislike for me has left you looking really stupid this time.

Yes. I am aware who McLelland is, and he has every right to raise the issue. Perhaps if you attend remedial reading classes, then read what I said again, you will realise that I referred to judges as the usurpers of the role of politicians, after politicians have enacted legislation.

I expect criticism from people like you – nasty, sarcastic losers. Some of you have a modicum of intelligence but most, like you, are simply negative morons with no real life. You have nothing original to say, so you attack other people to make yourselves feel ‘useful’.

You are entitled to dislike me and my opinions, and I couldn’t care less. But if you really need to keep it up the way you do, you need to take a good look at yourself and see if you can get some sort of worthwhile life going.

As it is, you are a carping, cowardly little creature beneath contempt. I’m sure you will keep up your vindictive bitchiness; I just won’t be looking at any more. There is a limit to my tolerance of creeps like you

I don't agree with the belief that the Courts usurp democracy. Justice is as important as Parliaments.

It is a mistaken belief that because Parliaments pass legislation, that legislation is somehow perfect or close to it. Just as democracy is imperfect, and just as representative democracy is not representative of the needs, interests, aspirations or values of all individuals, legislation does not meet everyone's needs. People are regularly disenfranchised by party specific policies that give rise to legislation and regulation. Few people trust government to represent their interests.

The Courts have an important role to play in deciphering and interpreting legislation and its intent. Whilst Parliaments have their role to play, so do the Courts in determining issues of justice, fairness, equity, freedom and responsibility. Unfortunately, too often elected MPs have legislated away the rights of Courts.

I can point to legislation now: that is fundamentally flawed; proclaims Objects that are contradicted by the legislation itself; where there is positive discrimination in favour of a minority of people, but negative discrimination against the majority of the people; where the right to natural justice was removed and written out of legislation, but remained for many others. This is the result of party political ideology having a detrimental impact and influence on the drafting and enacting of legislation, consequently damaging the role of Parliament and its relationship of oversight over Government and thereby hurting people by not representing their best interests, and not with good will. The people deserve their rights to be upheld every day. Human rights ought to be the first consideration in drafting legislation.

We lack the Constitutional rights and recognition to which we ought to be entitled. In the absence of Constitutional rights, the Parliaments and Governments we ought to rely on regularly fail us. Only the Courts offer the protection and interpretive ability for people who believe their reasonable needs, interests, etc have been violated and neglected, including with respect to their human rights that Australian Governments have ratified. The issue of the unaffordability of legal representation and access to the Courts, is another associated issue.