Friday, October 10, 2003

Supreme Courting

It may indeed be high-handed of the Government to instigate such a major constitutional change on the basis of a slim majority but in a democracy a majority is a majority no matter how small. Perhaps wider public consultation would give this process more legitimacy but it may also just bog the whole thing down for ever and a day, much like Oz's attempts at becoming a Republic.

We will have to at some point ditch the Privy Counsel and the best way of doing it may be if a Government just rams it through and to hell with democratic niceties.

But there are certainly a whole range of problems with a Supreme Court. Just look at the US. Here's a cautionary tale from the Washington Monthly .

A Supreme Court will be politicised, we shouldn't shy away from that eventuality.
There will always be a Left/Right split, even amongst judges - they generally wear socks too.

It may pay to look at ways of achieving balance to avoid the US situation where one liberal or conservative appointment can change the tenor of the Supreme Court for a generation.


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