The Danger of Judicial Activism

The High Court of Australia is taking a more activist legal line. That heralds danger if they are asked to rule on any constitutionally enshrined powers of a race-based Voice.

The Danger of Judicial Activism
Photo by Tingey Injury Law Firm / Unsplash

Little wonder the advocates for The Voice want to ignore or dismiss concerns about how the High Court of Australia could interpret their demands.

We've been repeatedly told that The Voice will only be an 'advisory body' with no real power. Few believe that, especially after the Prime Minister said it would be a brave government that ignores The Voice.

The Voice will be able to make representations to the government on virtually anything. If they don't feel they have been heard appropriately, there is every legal likelihood they can take their concerns to the High Court.

That's where anything can happen.

Our High Court has become an activist court with some findings radically at odds with previous legal precedents.

One case in point was the citizenship test for parliamentarians.

Previous legal advice was that if a politician had taken every possible step to renounce their dual citizenship eligibility, that was consistent with the constitutional requirements.

That makes sense because some countries don't allow citizens to relinquish citizenship eligibility.

The High Court ruled differently a few years ago, catching many politicians off guard and forcing some resignations.

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