lee wrote on Jan 1
st, 2016 at 9:42pm:
Sir Grappler Truth Teller OAM wrote on Jan 1
st, 2016 at 9:37pm:
It is not merely sufficient for an elected body to vote by majority on an issue - the content of that issue must itself pass the test of Law Itself, and the test of Common Justice......
And that is the preserve of the Commonwealth Solicitor General.
Who singularly fails to even suggest that a piece of mooted legislation is suspect, and merely suggests that the government rely on the utter inability of the common person to challenge any such legislation.
You mistake the game of power for the game of reason, decency, justice and Law.
You will not even get a challenge into the appropriate court for under around a quarter of a million... how does Joe or Jo Bloggs challenge legislation? At the ballot box - where both parties battle for their own version of the same thing, as long as it suits them and not Jo and Joe?
EVERY piece of legislation must be open to challenge for a nominal fee of $25... by any person adversely affected by it. It is no longer sufficient, based on historical failure of courts, to rely on a court to overturn illegal/UnLawful legislation... or to rely on the forces of law to refuse to accommodate to it. Indeed, the oath of office of the forces of Law forbids such action... thus we are left with the tenuous and diaphanous proposition that the courts will abide by their oath of office and ensure justice for all equally.
History shows us that is not the case, and that the courts fall mos often into the fallacy that they are bound by the same oath as the forces of Law, and must therefore abide by 'law as written', rather than making a valid and independent judgement on the merits of any piece of legislation. Courts thus fall into the error of considering themselves one aspect of 'the thin blue line' - rather than as the guardians of Law (the thin black line) itself.