Saturday, August 11, 2007

Howard's legacy: Judiciary stacking

What remains to be suborned to the will of Canberra? If you search the horizon it is apparent the constitution has pretty comprehensively been redesigned and state powers picked off, while distant indigenous people, the public service, the military and the press gallery are all pretty much under the thumb of the ancien regime.

Clearly, it's the judiciary's turn for a bit of refurbishment, in what remains of the mandate.

That's not to say the process isn't well under way. Already we've had some startling appointments to the Federal Magistrates Court, including a cub lawyer from the staff of Kevin Andrews, and a hardline Christian fundamentalist.

The appointment of judges to the Federal Court recently has been accompanied by overtures (i.e., lobbying) from Liberal backbenchers and even the wives of federal ministers.

With a full basket of fresh federal laws to interpret and enforce (including Work Choices, crime and terrorism, tax, administrative appeals and surveillance) judicial selection must be carefully managed. Little wonder Attorney-General Philip Ruddock has spoken up against any changes to the present method of appointing federal judges, which is "leave it all to me".

The ways in which judges are being rounded up to fulfil the Government's legislative purpose are none too subtle.

For instance, judges who sit on terrorism cases have to apply to do so and then are screened by the Government for any subversive (independent) tendencies.

Why the judiciary plays along with this insult is a mystery.

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