tag:blogger.com,1999:blog-24761391.post3690455210785921726..comments2023-10-26T22:06:11.166+11:00Comments on Metamagician3000: The Victorian Charter of Rights and Responsibilities is rubbishRussell Blackfordhttp://www.blogger.com/profile/12431324430596809958noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-24761391.post-70901078921773073102009-04-18T15:56:00.000+10:002009-04-18T15:56:00.000+10:00lol, at my "American free speech jurisprudence in ...lol, at my "American free speech jurisprudence in the US", though. Um, where else would it be? Note to self: preview comments before posting them.Russell Blackfordhttps://www.blogger.com/profile/12431324430596809958noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-85894972213025016492009-04-18T15:55:00.000+10:002009-04-18T15:55:00.000+10:00^I disagree. Generally speaking, I think the US Su...^I disagree. Generally speaking, I think the US Supreme Court has played a beneficial role in enforcing limits on the power of the state and federal legislatures. Abortion is just one example, and not the best one, since one might doubt the legal reasoning in <I>Roe v. Wade</I>. The American free speech jurisprudence in the US is something Australians should envy IMHO.<br /><br />Also, it is fallacious (or, at best, simplistic) to talk about giving power to judges if they are merely enforcing citizens' negative rights against the state. I explain why at some length in my submission to the Consultation Committee.<br /><br />If they are enforcing positive rights against the state, it's rather different - but that's not something I've ever argued for.Russell Blackfordhttps://www.blogger.com/profile/12431324430596809958noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-78010048819419318422009-04-18T12:29:00.000+10:002009-04-18T12:29:00.000+10:00I hope it does not. More power to judges does not...I hope it does not. More power to judges does not strike me as a good thing. <br /><br />The articulate, connected and networked are likely to be confident that that their perspectives will be respected. Those whose only avenue of influence is their vote, perhaps less so.<br /><br />And, if you want an example of the disastrous effect of judicial decision-making on contentious social issues, consider the blight having judges decide on abortion has been on American politics. Particularly American judicial appointment politics.Lorenzohttps://www.blogger.com/profile/00305933404442191098noreply@blogger.com