Fr Frank Brennan expresses disappointment in today's (23 04 10)Sydney Morning Herald that the Labor Party will not put into law the report of his Consultation Committee on Human Rights. The reason why many people oppose a Charter is that it may be made a vehicle for the enforcement of a philosophy of life which is alien to the Australian ethos. Human rights have a bad reputation in Australia because of the hypocrisy many members of the of United Nations in such matters.
On the other hand the positive reaction of the Federal Government to the Committee's concerns is welcome. No one in Australia is actually against the implementation of a proper Human Rights agenda.
One suggestion is that the special jurisdiction of the High Court and associated courts to apply Section 75(v) of the Constitution to control the unlawful actions of Commonwealth officers be expanded by Parliament so as allow relief on grounds of the breach of community standards of fairness or of common humanity even if there has not been a distinct breach of the law..
There should then be a flow on effect on all Commonwealth officers as to how they go about their duties. Fairness and common humanity should then inform all their actions. The states then might follow for their Courts and then industry might.
In effect out own law would be our Charter and the evil of shoving alien philosophies down out throats avoided. Bad decisions would be voided and officers would not wish to have too many of such matters in their personal histories. The process would be deliberate and very public. It would be a supplemental provision and where the ordinary law provided relief there would be no call to apply the provision at all.
Any supposed human right would have to be tested against common society standards as they then exist. Alien contentions such no prayers before the opening of Parliament or forcing abortion on religious hospitals would not get a look in. To get to an new human right the Courts would have to be convinced that the supposed right had the support of the community as a whole.
If the Courts got it wrong Parliament could always correct them.