high court
high court

Submissions for No case reveal obsession with ‘activist judges’

It outraged the Coalition, who were flummoxed that three of the four judges in the majority had been appointed by the Abbott, Turnbull and Morrison governments. They had worked on the basis that there was no impediment if the government wanted to “send home” someone who was not a resident, and who had committed a criminal offence that carried a sentence of 12 months or more.

Submissions from former High Court judge Ian Callinan, former prime minister Tony Abbott, former attorney-general Philip Ruddock, former royal commissioner Terry Cole and the Samuel Griffith Society either cite Love or go down the “activist judges” road.

Common thread

Another common thread is they vehemently oppose any process that would give most Indigenous people what they want – a representative body enshrined in the Constitution.

Callinan said it “would be imprudent to underestimate the capacity of any future High Court for ingenuity or originality”.

“It was not until 1992, when the High Court was some 90-years-old, that it was able to discover in the text and structure of the Constitution something that had never been discerned before, an implied freedom of political communication.”

Callinan cited Love to refute the opinion of Solicitor-General Stephen Donaghue, KC, that there was no room for implications in the current drafting, such as a right for the Voice to be consulted.

“The opinion of the solicitor-general on any constitutional topic is worth having, but it is not the solicitor-general who has the say here, it is the [High] Court.

“Equally, the public might be interested in what the opinion of the solicitor-general was of the likelihood of success of the Commonwealth in the case of Love v Commonwealth.

‘Classic case’

“I doubt whether many lawyers or the solicitor-general, who unsuccessfully argued the case for the Commonwealth, gave an

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‘Mega legal services’ camp organised

Ensure schemes’ benefits reach poor and needy: Rijiju

ITANAGAR, 23 Apr: Union Law Minister Kiren Rijiju asked the implementing agencies to ensure that the benefits of various developmental packages of the government reach the poor and the needy.

Rijiju said that the central government is providing numerous people-centric and development packages to the state government in all sectors. “But late submission of utilisation certificates due to various reasons is posing a stumbling block to granting additional fund by the central government,” the minister said.

Rijiju was addressing the people after inaugurating a ‘mega legal services camp’ and a ‘Pro Bono Club’ at the Jarbom Gamlin Law College (JGLC) in Jote on Sunday.

The minister said that the people, especially the targeted groups, should be made aware of the various initiatives taken by the government for their welfare. He said also that free legal services should be provided to people who cannot afford the fees.

He discussed with the law students the importance of pro bono culture in providing equal access to justice in the country.

Replying to a memorandum submitted by the college fraternity, pertaining to infrastructure development, boundary walls, and requirement of more land for the college, the minister assured to look into the needs “after proposals are submitted by the state government to the Centre.”

Law & justice adviser Kento Jini highlighted the initiatives of the government to empower the GB institutions, and exhorted the GBs to deliver justice without fear or favour.

Gauhati High Court judges Suman Shyam and Nani Tagia also spoke.

The camp was followed by a public rally, during which the minister urged the people, especially the youths, to take advantage of such camps.

The event was memorialised with laying of the foundation stone for a new court building of the JMFC first class

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