Bad laws are the worst sort of tyranny – and this one ticks every box |
A sweeping new bill to combat antisemitism, hate and extremism was rushed through federal parliament this week with minimal scrutiny and major rule-of-law flaws. Its vague definitions, retrospective reach and expanded executive powers risk undermining rights, due process and democratic accountability.
The ever relevant English politician, lawyer and political philosopher Edmund Burke told his constituents in Bristol, nearly 250 years ago – “Bad laws are the worst sort of tyranny.” How right he was then and how right he is now.
A case in point is the extraordinary Combating Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill that passed federal parliament in less than 24 hours this week. It’s got all the evils in it – no procedural fairness; vague meanings; retrospectivity; reversal of the onus of proof and on its goes.
Tyranny is not too strong a word to use about this shoddy, appallingly drafted, and dangerous piece of legislation. Legislation that has all the hallmarks of being dictated by power hungry desperate politicians to overworked parliamentary drafts people.
It is posturing by politicians who want to be seen to be ‘doing something’ in the wake of the Bondi massacre, no matter how ill thought out.
You do not undermine the rule of law, create inherently unfair and uncertain laws as a means of enhancing social cohesion and creating a safer society. The opposite occurs.
So what is so wrong with this new law? Much is problematic but let’s focus on the concept of banning organisations, prohibited hate symbol offences and on contentious and elliptic language.
The legislation allows the minister who is responsible for the Australian Federal Police to recommend to........