<< Who is served by ability to over ride the will of Parliament. >>

Good point Belly.

It is simply absurd that parliamentary decisions can get overridden in this manner.

The government seeks the best legal advice before any decisions are made. They try to make sure that they are on a sound legal footing. Of course they do, because the last thing they want is for this sort of ridiculous override to occur.

And yet time and time again we see this sort of thing happen.

Why on earth can’t the legal position be determined confidently and without fear of reversal, up front, so that decisions can be made at the top level in this country without this sort of amazing reversal or nullification happening, and all the uncertainty, loss of confidence in the system and social destabilisation that it causes??

From the linked article:

< The opposition immigration spokesman, Scott Morrison, expressed dismay that the court had found ''that our government has no power to keep known security risks out of our community'' >

I absolutely agree with that, although I would have put it in considerably stronger terms.

SPQR>> And the other day, Sarah-Hansen Young was positively rubbing her hands in glee at the prospect that Indonesian “minors”-- aided and abetted no doubt by a posse of govt funded lawyers-- would be seeking to rip huge sums from the Australian tax payer in *compensation* for having been detained.
When you look at such examples, you begin to see that many of our wounds are self inflicted.<<

We have Commonwealth and State legislation, and then we have U.N. protocols that come with a raft of "ideals" which at their core have caveats that over ride our sovereign national laws. These U.N. protocols win out every time in jurisdiction issues against Commonwealth implemented legislations.

Re the Judges fitness to mirror the community’s expectations…..forget it.

I am a member of a society that has fair sprinklings of Judges within its membership, we are stargazers. I have over the past 25 years spent hours and days in the constant company of many servants of the court……..My observation would simply be this……judges have not got a clue about community expectations in general…judges only raise "community expectations" if the crime is emotive to the public or the the big end of town.

Judges rely solely on the gazetted laws…..Judges like trains run down the tracks laid down for them. So in my opinion judges are insular and certainly not representative of community expectations in many instances, but they obey the law. Who makes the law, or signs away our rights to govern ourselves directly, the likes of Hanson Young, the Libs and the Labor parties.

Arjay - Quote " Refugees are not a threat to our country "
I would like you to tell that to the following to name a few.
The seven young girls sexually assaulted at the Darwin pool.

The people bashed and robbed by the African gangs in Melb about a year ago.

The 16 YO girl on the train in SA sexually assaulted.

The victims of an 18-year-old Sudanese refugee who pleaded guilty to a string of assault charges over a rampage injuring at least six people with weapons including a metal pole.

The 9YO girl indecently assaulted in Adelaide Febuary.

The 21-year-old mother of two was raped several times BY "Mohammad Elnour, 19, Mohammad Zaoli, 22, and Akoak Manon, 19"

The victims of Esmatullah Sharifi, 30, who appeared in the County Court for the second time in less than three years on a charge of rape.

The Cap't of the ship going to Singapore who was forced to go to Australia by the 67 refugees he rescued.

The 3 victims of the 86 YO man in WA again for indecent assault
A few of the people had the audacity to claim because we were tortured that is why we did it.
There are people that will disagree with you.

Belly in the above that might seem a small number by comparison to the number of refugees but consider 1) The public will not be told of every incident 2) How many crimes have been committed but the perpetrator not caught yet or witnesses too scared to come forward.

SPQR Quote " that group is to a large extent funded by state and federal govts. " -
David Manne, the human rights lawyer who successfully led the appeal against the federal government's Malaysia solution, with his Melbourne-based Refugee and Immigration Legal Centre receiving $4.13 million since his High Court victory in August.
THAT FIGURE IS CRIMINAL IN ITSELF when Australian citizens have trouble getting legal aid.
Don't forget Attorney-General Nicola Roxon wanting to stop the case against Slipper after costing $700,000.

Con't
Arjay - Quote " Refugees are not a threat to our country "
Now lets get to the financial cost which can have a direct effect on other things.
Legal aid bill in excess of $60 million.

Our navy ships (taxi) which are now in need of multimillion dollar services due to the extended duty in picking up refugees NOTICE I SAID PICKING UP RATHER THAN STOPPING THEM.

The $4.? Billion dollars for the current scheme (which is not working)

You won't be able to get the figure but it would be hundreds of Millions of dollars for our navy and border protection be out everyday looking for them (they can't stop 1 so why have them out there)

All of these things take money away from Defense and other services.

What about Culturally do you think 95% men on most boats are going to improve our way of life not when they are still on welfare after 5 years.

Thanks all I found common ground with every post bar arjays.
Indeed Roxon calmed me a bit, this morning on ABC she said governments right to continue to detain the single refugee involved is not challenged.
But it is my view 80% of us, both sides, think much alike on most issues.
And that, had he not introduced work choices John Howard would still be Prime Minister.
I DETEST left Lawyers! am sure most of that 80% do.
I doubt high Court Judges down to bush Magistrates care, or are even interested in mainstream wants and wish,s from the Law.
SPQR, it could very well be your side you will rebirth Malaysian solution.
I get no joy in conceding the election,this far out, without leadership change on my side.
And warn it if it takes place, it will, on your side we are road kill.
We have put less than 100 on the Island, it will not work until and if, our Christmas Island and the rest, bases are near empty.
Any one see that happening?