The erosion of the separation of powers
13 October 2009
Professor Helen Irving commented on the National Human Rights Consultation report, chaired by Father Frank Brennan AO.
In a feature article by Paul Kelly in the Weekend Australian, Professor Irving said the proposed "dialogue model" of the Human Rights Act would create complications and mean the more substantial change may be independent legal action against public officials alleged to have breached human rights provisions in their decisions.
"The proposed HRA (Human Rights Act) is much closer to the sort of act that creates real powers of judicial review and allows the courts to encroach upon the legislature.
"The erosion of the separation of powers, as we know it, will follow.
"Advocates claim they do not intend thus but, reading the report, one cannot avoid the conclusion that their claims are disingenuous."
Contact: Greg Sherington
Phone: +61 2 9351 0202