I placed this comment on Weekend reflections about a quarter of an hour ago:
“The High Court has dismissed the challenge to the IR legislation, with Kirby and Callinan(!!!!!!!!!!!!!!!!!!!!!!!) dissenting. The government really can’t take a trick can it? Planting a right winger on the court and having him turn on them. You just can’t trust anyone these days, although thank heavens Kirby is still onside with his appointers! The left is so much more trustworthy. It must be their higher sense of ethical behaviour. Or something. “
Callinan was always going to dissent. Kirby was the question mark – if the Commonwealth had cared to make the case that these provisions were justified under international labour law conventions I think he would have gone for them, but it isn’t worth arguing for one judge when you can argue to five.
I found it quite ironic that Kirby J made noises about how the Commonwealth was expanding its powers.
If it were a Labor government introducing a German-style ACTU wetdream IR system I bet $100 bucks Kirby would have found a way to support it.
Still, it’s just the latest of High Court decisions in the unending march of Commonwealth power in Australia. This expansion of the Corporations power will probably go alongside the Foreign Affairs power as one of the most expansionary decisions ever made.
Well done, Your Honours. You’ve continued the fine tradition of turning the Constitution into toilet paper.
I placed this comment on Weekend reflections about a quarter of an hour ago:
“The High Court has dismissed the challenge to the IR legislation, with Kirby and Callinan(!!!!!!!!!!!!!!!!!!!!!!!) dissenting. The government really can’t take a trick can it? Planting a right winger on the court and having him turn on them. You just can’t trust anyone these days, although thank heavens Kirby is still onside with his appointers! The left is so much more trustworthy. It must be their higher sense of ethical behaviour. Or something. “
Callinan was always going to dissent. Kirby was the question mark – if the Commonwealth had cared to make the case that these provisions were justified under international labour law conventions I think he would have gone for them, but it isn’t worth arguing for one judge when you can argue to five.
I found it quite ironic that Kirby J made noises about how the Commonwealth was expanding its powers.
If it were a Labor government introducing a German-style ACTU wetdream IR system I bet $100 bucks Kirby would have found a way to support it.
Still, it’s just the latest of High Court decisions in the unending march of Commonwealth power in Australia. This expansion of the Corporations power will probably go alongside the Foreign Affairs power as one of the most expansionary decisions ever made.
Well done, Your Honours. You’ve continued the fine tradition of turning the Constitution into toilet paper.