Contemporary Issue relating to Political and Legal Power

Question 1

Give details on the encroaching power of the executive in countering terrorism and the potential response from the judiciary

Answer 1

• There has been serious discussion surrounding new laws that would allow someone’s citizenship to be stripped if they are suspected to have committed a terrorism charge
• The system of Australian government allows the executive to become excessively powerful and control the legislate agenda within the legislature
o The executive can force a bill through by supressing dissent in Parliament and making it political suicide for the opposition not to support the bill
• The parliament because of this is made unable to check any power of the executive
• Parliamentarians and the executive are now far more politicised, preferring to adopt a populist approach to policy instead of a well thought out administrative approach
o This is illustrated by the knee-jerk response of Junior Minister Ciobo saying that he would gladly strip the citizenship of Mallah
o Immigration ministers have also done this, deporting swathes of immigrants for security reasons despite research showing that there was no cause for danger
• In the United Kindom, the judiciary has put itself opposed to this kind of power, adopting human rights standards when considering the validity of law and even disallowing laws that oppose the rule of law
• In Australia, the High Court has been more cautious, sticking to its traditional role of remaining non-politicised
o The High Court should step in and act as the check to the rising power of the executive and the defence of core values

Question 2

Give details on the ruling which upheld the government’s policy on asylum seekers

Answer 2

• In early 2016, the High Court threw out a challenge to the governments detention centre, claiming that the Commonwealth did have the constitutional right to operate the immigration centre on foreign soil
• During the High Court case the government rushed legislation which fixed a loophole in their policy, virtually guaranteeing that the High Court ruled in their favour

Question 3

Give details on the High Court ruling on the indefinite detention of Asylum Seekers

Answer 3

• In 2017, the High court will rule on laws which allow asylum seekers to be detained for ‘a reasonable period’ while a specific action is being undertaken by the government
• The specifics of the case are that a woman and her daughter are being detained in a community centre to seek medical treatment, the contention is if they are allowed to be detained indefinitely under the constitution