A rights framework transfers power from legislative to judiciary. At least politicians are elected and have to consider the public response
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More broadly, how do you know when your constitution has given too much power to 'unelected judges'?
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it's difficult - but I think the risks of "activist judges" are less than from unchecked executive govt
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Aus has no equivalent of Lochner era. But is the US really any better on privacy though? Anti terror legislation is robust there and here.
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And I should add - Lochner was supposedly rooted in more pro-market, small govt outcomes so its not an ideological problem
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One final point - RDN's list in the article would be a nightmare for any govt to deal with
End of conversation
New conversation -
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Yes, that's a good example, and there are many more alas… https://www.newsouthbooks.com.au/books/charter-rights-australia-4th-edition/ …
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They are ongoing!
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Agreed! Refreshing - a journo who openly admits to a change of opinion...
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