Activist judges misrepresent Mabo to create privileged race

Activist judges misrepresent Mabo to create privileged race, by Morgan Begg.

The High Court’s decision on Tuesday to exempt an entire group of people based on their racial identity from the operation of national migration laws is the most radical instance of judicial activism in Australian judicial history. …

The majority decision is a total repudiation of racial equality.

By carving out an exception in the Australian Constitution for people on the basis of their immutable biological characteristics, the High Court has created a new class of person “consigned to inhabit a constitutional netherworld in which they are neither citizens … nor aliens”, as Justice Stephen Gageler noted in his dissenting judgment.

The High Court of Australia: lopsided, ugly, brutalist and oh so postmodern. Even on the outside it leans to the left.

This fact alone should put to rest the idea that recognising historical facts in the Constitution would not lead to unintended consequences. The credibility of the minimalist case advanced by some “conservatives” for constitutional recognition of indigenous Australians has been swept away.

Any proposal that would insert a new provision into the Australian Constitution that would mark out some kind of recognition of indigenous Australians would inevitably come before the High Court.

The question now will be: if the High Court is willing to create a separate and privileged class of person that is beyond the scope of Australia’s migration laws, then what would it be prepared to do with a preamble or declaration written into the Constitution? …

Three of the four judges forming the radical majority were nominated by the Abbott and Turnbull Coalition governments.

Justinian the Great:

As of yesterday the Australian Government lost the sovereign right to absolutely and unequivocally enforce its its own Migration Act and effectively determine who is an Australian citizen and who is not. …

From now on Australian citizenship for racially privileged persons can be settled by a corroboree of “Aunts” and “Uncles” sitting around the campfire deciding whether or not to acknowledge a person’s claim to indigeneity. …

Worse still the High Court have snuck through the back door a form of indigenous sovereignty that was specifically rejected by Mabo. The majority justices have shown an arrogant contempt of the Australian people and their right to determine such matters by referendum. …

Remember all those elitist lawyers, activists and academics looking down their noses on the little people and scoffing at their racism and small mindedness because they dared warn of the dangers of judicial activism and the toxicity of identity politics?

The High Court has emphatically demonstrated that those concerns are well founded and constitutional recognition will be abused by judicial activists imposing their own beliefs and ideals over the Australian people.