A long time in the waiting...
Supreme Court: Brooker v Police
Intuitively seems right - but, given the length, it will require some more reflection before more detailed comment...
I'd like to know the politics behind this from Thomas J at par 152:
"I acknowledge that the Chief Justice has sought to find errors of law in the judgment of the Court of Appeal and, based on an uncompromising perception of the right to freedom of expression, advanced a “narrow” interpretation of the words “disorderly behaviour”."
More amusing though is this from par 159:
"The length of this judgment, for which I apologise, reflects an attempt to do something more than simply “rejig” the balance. I confess, however, that being in a minority in this Court, I have written at length in the hope that what I have to say may be of assistance to a future court."
Having just read about this case for the first time I think it's another example of the judiciary getting out of touch with the rest of the country. I'm inclined to think that if Tipping and co had been one of the Family Court Judges with protesters outside their houses then they would have come down diferently on this one.
OMG another heinously long dissent from Thomas J...
ReplyDeleteI'd like to know the politics behind this from Thomas J at par 152:
ReplyDelete"I acknowledge that the Chief Justice has sought to find errors of law in the judgment of the Court of Appeal and, based on an uncompromising perception of the right to freedom of expression, advanced a “narrow” interpretation of the words “disorderly behaviour”."
More amusing though is this from par 159:
"The length of this judgment, for which I apologise, reflects an attempt to do something more than simply “rejig” the balance. I confess, however, that being in a minority in this Court, I have written at length in the hope that what I have to say may be of assistance to a future court."
Having just read about this case for the first time I think it's another example of the judiciary getting out of touch with the rest of the country. I'm inclined to think that if Tipping and co had been one of the Family Court Judges with protesters outside their houses then they would have come down diferently on this one.
ReplyDelete