Politics with Michelle Grattan: Fleur Johns on the rule of law
Michelle Grattan discusses the rule of law with professor of law Fleur Johns
Disiplin ilmiah, gaya jurnalistik
Artikel-artikel mengenai Dyson Heydon
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The law has a serious problem with sexual harassment and woefully inadequate measures for dealing with it. Here’s how that could change.
In an open letter to Attorney-General Christian Porter, more than 500 women working in the law from across Australia have sought changes to the way judges are disciplined and appointed.
In the wake of the allegations about Dyson Heydon, a key outstanding question is reforming Australia’s opaque judicial appointments system.
We have strong sexual harassment laws on paper. But there is too much emphasis on victims coming forward and making a complaint.
The culture of the legal profession has been built by men for men over centuries. It continues to rely heavily on personal networks that reinforce the status quo.
There is a vacuum within the legal profession that allows sexist, racist and other troubling conduct to go unaddressed. This must change.
Sexual harassment is endemic within the law. This inquiry’s finding must be the catalyst for genuine and long overdue change in the profession.
An investigation commissioned by the High Court has found former judge Dyson Heydon sexually harassed six young female associates who worked for him when he was on the court.
Unions may well feel justifiably aggrieved by the findings – and impact – of the trade union royal commission, but there are nonetheless lessons to be learnt from them.
A “judicial activist”, it seems, decides cases in favour of a preferred (non-“mainstream”) litigant or interest, to reach a result that is inconsistent with a conservative worldview.
The key issues from the Royal Commission into union activities were about governance, but these are not being addressed.
Dyson Heydon’s recommendations for union reform represent a steamroller approach to industrial democracy.
Given the Governor-General usually acts on the advice of the government and its ministers, an address from the Senate on Dyson Heydon is unlikely to have any effect.
There are inherent shortcomings in a procedure that asks judges to make objective and rational assessments about how their own conduct, relationships or interests might appear to others
Dyson Heydon didn’t accept that merely agreeing to give the Sir Garfield Barwick lecture could create an appearance of bias. Judges and royal commissioners are allowed to have political views, he said.
Dyson Heydon has dismissed the unions’ application that he quit the royal commission into trade union corruption on the ground of “apprehended bias”.
University of Canberra Vice-Chancellor Stephen Parker and Michelle Grattan discuss the week in politics.
There’s an ad on TV that starts: “If you were me, what would you do next?” If I were Tony Abbott, I’d scheme to get a new treasurer without the existing one blowing me up.
Royal commissioner Dyson Heydon has delayed his decision on union applications that he stand down on the grounds of “apprehended bias”.
Kontributor teratas
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Professorial Fellow, University of Canberra
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Professor, UNSW Law School, UNSW Sydney
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Senior Lecturer, Adelaide Law School, University of Adelaide
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Senior Lecturer in Law, University of Newcastle
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Honorary Professorial Fellow, Melbourne CSHE, The University of Melbourne
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Laurie Carmichael Distinguished Research Fellow at the Centre for Future Work, and Professor Emeritus, Griffith Business School, Griffith University
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Professor of Law, The University of Melbourne
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Associate Professor, ANU College of Law, Australian National University
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Lecturer, Melbourne Law School, The University of Melbourne
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Associate Professor, Faculty of Law, University of Technology Sydney
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Professor of Law, Australian Catholic University
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Director, Climate Change Communication Research Hub, Monash University
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Lecturer, UTS Law School, University of Technology Sydney
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Associate professor in law and public policy, University of Oxford
