Australia's reputation as a human rights champion [?] had been so tarnished in recent years that it could be called a wolf in sheep's clothing, the retiring High Court justice Michael McHugh said yesterday.[Unless of course, Australia's reputation has always been tainted? That depends on what governments can and will hide and secrets for 30 years etc. Tainted with things like Colonialism, Imperialism and Ruling Class, Noble Cause Corruption etc. Now, this may mean that it is getting much worse than what it was, is and perhaps, as it has always been?]
In his last speech as a member of the High Court, he told Sydney University law students that judges were being "called on to reach legal conclusions which have tragic consequences".
[Do tell? Like draconian laws and 20 years for thought crimes?]
These verdicts could often be at odds with their personal beliefs because of the respect which had to be paid to Parliament.
Justice McHugh urged the adoption of a bill of rights, saying its absence was the main reason our judges were not as empowered as those in the United States Supreme Court to defend fundamental human rights.
And he agreed with a comment that Australia's legal system was "seriously inadequate in protecting the rights of the most vulnerable and disadvantaged groups in our society". [Like Aboriginals and Muslims?]
He cited the 2004 decision of al Kateb, in which the court said a provision which allowed unlawful citizens to be detained until they could be deported was not unconstitutional. Ahmed Ali al Kateb was stateless and unable to leave Australia.
Justice McHugh said there was "a powerful argument" that the verdict of the 4-3 majority - "who, I'm afraid, included myself" - would have been different with a bill of rights.
Justice McHugh, who will be replaced by Susan Crennan when he steps down from the court on November 1 - his 70th birthday - follows figures such as the former chief justice, Sir Anthony Mason, and a former prime minister, Malcolm Fraser, in pressing for rights to be enshrined in the constitution.
He said Australia had played a leading role in encouraging human rights [?] and had been praised as a model member of the United Nations. [Although Australian authorities have had little or no regard for the UN constitution, the rights of the child, refugees, indigenous and of course the illegal and degrading war for resources in the Middle East.] "Given this record, why then have we been recently called a wolf in sheep's clothing? [Laugh.] It is undoubtedly the case that Australia's international reputation as a champion of human rights has been somewhat tarnished over recent years." [More recent years than you might like to imagine?]
He said Australia was "very much the odd man out" and that by failing to adopt a bill of rights the nation was arguably failing to meet its obligations under international law.
It would provide "a set of navigation lights for the executive ... [and] allow the public a clear overview of the rights they are being asked to give up in the name of national security, for example". [In the name of illegal and degrading resource wars in the Middle East.]
Justice McHugh said,: "My own social views are probably as radical as anyone in this room [ruling class?] - maybe more so - but when you are a judge there are constraints. You have to give effect to what the purpose of Parliament is."
[Noble Cause Corruption, Colonialism, Imperialism, murderers, thieves and criminals. Oh! and a few rock spiders to boot?]
He said a former High Court colleague, Justice John Toohey, had once told him: "You are very radical in relation to the common law and equity but you are very conservative in relation to the constitution and statutes".
[Perhaps radical in relation to noble causes for masters and prestige for himself? And conservative in relation to making sure one has the right to be able to do that? Laugh.]
Justice McHugh said: "I think that's very accurate ... In relation to the constitution it's my belief ... that judges don't have the legitimacy to be making up the rules and pushing their own social views."
[Otherwise they don't serve the Queen I.E. the 300 club of the worlds richest ruling class. Don't get me wrong I think it takes a brave judge to stand up for human rights, so good on ya. But to suggest that Australia has been a champion of human rights is quite wrong. The same reason John Howard couldn't say sorry to the indigenous people who were here before they invaded.]
By Michael Pelly 13 October 05
Related:
Despoja: Stanhope hero of the hour
Natasha Stott Despoja has described Mr Stanhope as the "hero of the hour". Senator Despoja says there is meant to be a vote on the draft legislation in the week beginning November 7.
The clock is ticking: Aboriginal Leaders
Aboriginal leaders say only immediate action will remedy the appalling state of remote communities in the Northern Territory, writes.
It's not the terrorists' it's us
While we watch the latest round of appalling violence and mayhem spilling across our screens it is worth considering its cause.
Hundreds attempt self-harm in detention
More than half of the 900 self-harm incidents over three years occurred in the Baxter detention centre.
Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.
Association for the Prevention of Torture
What needs to be done now? The Optional Protocol requires 20 ratifications to enter into force. All States Parties to the UN Convention against Torture should seriously consider ratifying the OPCAT as soon as possible. National Institutions and others promoting the human rights of people deprived of their liberty need to be informed of their potential role as national preventive mechanisms under the OPCAT.
Baxter visit convinces Burke of need for royal commission
AUSTRALIA/CUBA Federal Labor's new immigration spokesman Tony Burke says after visiting the Baxter detention centre he is now more convinced then ever of the need for a royal commission into immigration detention.
Detention Centres, Solitary Confinement
On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.
Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.
WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
The Canterbury-Bankstown Peace Group & the Justice for Hicks & Habib Campaign welcome the statement by Amnesty International Secretary General Irene Khan, condemning the US Administration for condoning torture and the suppression of 'human rights' in their 'war on terror'.
Torture okay: propaganda paper
Mean in Black John HoWARd and Pastor Peter Costello with Professor Mirko Bagaric, and fellow Deakin lecturer Julie Clarke, torture okay for them. Question?
Where the Norm is Not the Norm: HARM-U
In the absence of public policy, this paper is an attempt to shine a light through the rhetoric and test for coherency in the policy and function of NSW’s only supermax prison, the High Risk Management Unit. Its present use will be compared with the ‘vision’ flogged by the Premier and the Department of Corrective Services (the Department) at its inception in 2001.
