Bills of rights

A silly piece by University of Queensland law academic James Allan. We are told that a bill of rights would give power to ‘unelected judges’ and an ‘aristcratic judiciary’ and ‘take power away from our elected representatives and give it to committees of ex-lawyers’. It all sounds very democratic.  But judges administer a law determined by elected representatives. Allan seems to be arguing that elected representatives cannot act illegally. The conservative critique of ‘judicial activism’ calls up specters of legislation being overturned, but it is much more concerned with freeing the executive from control.

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