A Quote by George Brandis
There could be constitutional problems with executive detention if it is seen to be arbitrary. I didn't actually say that the NSW Government's proposed anti-terrorism bill was necessarily unconstitutional - that was sloppy journalism - I said that executive detention may raise constitutional problems if it is seen to be arbitrary as being an invasion of the judicial function.
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In the rare event that the Supreme Court refuses to play along [...] there is always a perfectly legal, extra-constitutional, quasi-legislative, quasi-executive, quasi-judicial, "independent" regulatory commission or executive agency to kill off or override constitutional protections.
It is well settled in our Constitutional scheme that all Parliamentary Acts and mandates bind the executive. Any executive act, which violates any express or implied mandate of the Parliament, is unconstitutional and void.
Now judicial review, beloved by conservatives, can, of course, fulfill the excellent function of declaring government interventions and tyrannies unconstitutional. But it can also validate and legitimize the government in the eyes of the people by declaring these actions valid and constitutional.
In a democracy, every ordinary citizen is effectively a king--but a king in a constitutional democracy, a monarch who decides only formally, whose function is merely to sign off on measures proposed by an executive administration. This is why the problem with democratic rituals is homologous to the great problem of constitutional monarchy: how to protect the dignity of the king? How to maintain the appearance that the king effectively makes decisions, when we all know this not to be true?
The atmosphere of fear and security manipulated by the government has converted American citizens into terrorist suspects who are all subject to arbitrary and unreviewable detention and surveillance.
The first ten amendments were proposed and adopted largely because of fear that Government might unduly interfere with prized individual liberties. The people wanted and demanded a Bill of Rights written into their Constitution. The amendments embodying the Bill of Rights were intended to curb all branches of the Federal Government in the fields touched by the amendments-Legislative, Executive, and Judicial.
President Obama and Hillary Clinton support sanctuary cities. They support catch and release on the border. They support visa overstays. They support the release of dangerous, dangerous, dangerous, criminals from detention. And, they support unconstitutional executive amnesty.
President [Barack] Obama and Hillary Clinton support sanctuary cities. They support catch and release on the border, they support visa overstays. They support the release of dangerous, dangerous, dangerous, criminals from detention. And, they support unconstitutional executive amnesty.
If these precedents are to stand unimpeached, and to provide sanctions for the continued conduct of America affairs-the Constitution may be nullified by the President and officers who have taken the oath and are under moral obligation to uphold it....they may substitute personal and arbitrary government-the first principle of the totalitarian system against which it has been alleged that World War II was waged-while giving lip service to the principle of constitutional government.
The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional.
Contrary to what certain governments say, human rights are universal. Arbitrary detention, torture and discrimination hurt the human dignity of anybody, whatever his or her country of origin, religion, descent, or any other ground.
I’ve never seen an exploding helicopter. I’ve never seen anybody go and blow somebody’s head off. So why should I make films about them? But I have seen people destroy themselves in the smallest way, I’ve seen people withdraw, I’ve seen people hide behind political ideas, behind dope, behind the sexual revolution, behind fascism, behind hypocrisy, and I’ve myself done all these things. So I can understand them. What we are saying is so gentle. It’s gentleness. We have problems, terrible problems, but our problems are human problems.
This [anti-terrorism bill] is a violation of the First Amendment right to free speech and the Fourth Amendment protection of private property... Some of these provisions place more power in the hands of law enforcement than our Founding Fathers could have dreamt and severely compromises the civil liberties of law-abiding Americans. This bill, while crafted with good intentions, is rife with constitutional infringements I could not support.
The basis on which the Good Friday agreement was constructed was in addressing those problems in the history of Northern Ireland, the social and constitutional problems as well as the military problems that have been unaddressed for centuries.
By creating a prosecutor who is overseen over by a court, they are melding executive and judicial power in a way that can lead to terrible abuses - as the founders of America understood full well. It's why they created a system of separated powers - to set up a constitutional mechanism that would enhance freedom, by making sure that no one's accumulation of power could predominate over [that of] others.
The overreach of the judiciary can be attributed to, one, the inability of the executive to deliver; and two, the tendency to issue judicial pronouncements for national good. The second element is dangerous because that's the function of the government.
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