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A wide gap between law and justice

By George Williams - posted Wednesday, 10 January 2007


His case is an affront to our commitment to the rule of law and to the idea that every person should be treated fairly. This time next year, we can only hope that Hicks is not facing the sixth anniversary of his imprisonment.

Finally, we need a national law that protects citizen's rights from government. Australia is now alone among all democratic nations in not having a national charter of rights or human rights law. In 2006, this meant that even the right to vote was whittled away. A law passed mid-year means that many young people will not vote in the next federal election.

This is due to the premature closing of the electoral roll on the day that writs for the election are issued.

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Other laws have affected our freedom of speech, such as the sedition law that jails people not for what they do but for what they say.

There are signs, at least in this area, of change for the better. This year Victoria enacted a Charter of Human Rights and Responsibilities. It is an ordinary act of Parliament that protects civil and political rights that have broad popular support. It is a safe model that Queensland and a federal government could follow.

Australian law needs change. The costs of not doing so are high. Without reform, we will limit our economic prosperity and continue a number of injustices, both large and small.

2007 ought to be the year that we get the law reform agenda back on track.

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First published in The Courier-Mail on December 25, 2006.



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About the Author

George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

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