4 ms·
The jurisdiction of the court is largely granted by statute is it not? In fact, in the case of the bad immigration decisions you mention, the minister has tried
by gtbc 8y ago
The jurisdiction of the court is largely granted by statute is it not? In fact, in the case of the bad immigration decisions you mention, the minister has tried to pass legislation to restrict judicial oversight.
EDIT: And he is also alleged to have used his already considerable discretionary powers to allow au pairs for politically connected individuals into Australia in violation of their visa conditions, with no consequences. Not exactly a ringing endorsement of the rule of law.
- BLKNSLVR 8y agoThe au pairs issue had such a short time in the media, it's frustrating. The fact that a minister can overrule existing policy for individual cases means that any ministerial position is ripe for corruption. Both au pair cases were referred to the minister because of personal relationships with the minister as opposed to the cases themselves being worthy of reporting to the most senior level. If there's a problem with policy, change the policy. Don't do favours for your mates if it contravenes policy. It's not fucking hard. The fact the minister hasn't been fired is quite damning about the status of Australian politics, and highlights the need for a federal anti-corruption body. What's worse is that this particular minister is the one forever pushing for lower immigration, greater protection for Australia's borders and showing no remorse for sick children in offshore detention - but fuck, my mate needs a French woman, who's previously worked in Australia despite only having a tourist visa, to look after his kids because he and his wife are rich enough not to have to parent their own little cunts. shakes fist at cloud /rant
- cyphar 8y agoThe High Court's powers are defined in Section III of the Australian Constitution. In fact, s73 explicitly disallows parliament from stopping the High Court from hearing an appeal from a Supreme State Court.
- deleted 8y ago[deleted]
- gtbc 8y agoDoes that have much to do with the matter at hand?
- cyphar 8y ago"The jurisdiction of the court is largely granted by statute" is not an entirely accurate statement (though there are restrictions on what you can sue the Commonwealth for) . That was my point.
- gtbc 8y agoThere are actually significant areas that are excluded from judicial review. https://www.alrc.gov.au/publications/laws-restrict-access-courts https://www.alrc.gov.au/publications/laws-restrict-access-co...
- gtbc 8y agoYou were referring to state laws. Review of decisions resulting from laws passed by parliament is granted by the ADJR act, and hence by statute.