I am not a lawyer, but I have studied the law. During my studies, it became apparent to me that our modern judges are a pale shadow when compared to their predecessors. The role of a judge is to enforce the law as she is wrote and, where necessary, to provide clarity. A civil society requires certainty in the law. I will go as far as to say that in my uneducated and unprofessional opinion, after studying the law, the Mabo decision appears to be nothing more than a court contrivance and is in no way supported by the law or facts.
Andrew - I similarly have a law degree but I'm not a lawyer. I agree with you entirely regarding the Mabo decision.
However, as you will be aware the common law is entirely created by judges in superior courts. Lower courts treating it as precedent. Given not all our law is statute based, it is inevitable that there will be some inclination to apply the same more broadly. I don't think modern judges are any worse than their predecessors, but they are certainly no better.
Yes the judiciary is not the lawmaker, although I fear that our government makes some dreadful laws.
I am not a lawyer, but I have studied the law. During my studies, it became apparent to me that our modern judges are a pale shadow when compared to their predecessors. The role of a judge is to enforce the law as she is wrote and, where necessary, to provide clarity. A civil society requires certainty in the law. I will go as far as to say that in my uneducated and unprofessional opinion, after studying the law, the Mabo decision appears to be nothing more than a court contrivance and is in no way supported by the law or facts.
Andrew - I similarly have a law degree but I'm not a lawyer. I agree with you entirely regarding the Mabo decision.
However, as you will be aware the common law is entirely created by judges in superior courts. Lower courts treating it as precedent. Given not all our law is statute based, it is inevitable that there will be some inclination to apply the same more broadly. I don't think modern judges are any worse than their predecessors, but they are certainly no better.