:: Tuesday, 1 March 2005 ::
Wanna read up more about this US Supreme Court decision
But I am inclined to extreme annoyance whenever I read an Oz judgement that relies on 'international law'- treaties and such.
See I had the misfortune of being lectured by Hillary Charlesworth, whatever the spelling, in international law at Spewnie. What a prize waste of time. She is such a lightweight - and no, I do not care about her writings and awards and her travel and speaking engagements. I write about law and do speaking on law too. I can tell ya, it is so not a big deal. All ya gotta is stand still and speak. And tappy tappy the words, ya know?
Anyhoo, burned me for life that class. It was the only stupid wet non-black-letter-law class I took. International law is the law you have when you do not actually want to take any responsibility for making law.
All children will get hugs.
There you go - I just made a International Law. Of Children's Rights.
Oz law is substantial. It is not to be ignored just cos some judge feels like it. Same for US yeah?
Amemba the Oz free speech cases? Apparently, hidden in our Constitution is a right of free political speech to advance the political process and engage the population.
And this grand theory, which is just shite (but do not get me wrong I kinda like it) was based heavily on the US case NY Times v Sullivan. No links, too much of a hurry. Anyhoo, you can take your US jurisprudence and pretty much shove it, as far as I am concerned. Love for US and all that. But really, Oz can manage its cases on its own. And we got a little precedent line taking us back to the UK, which is way better for us for the time being. 'Cept for their stupid EU treaties about human rights and blah blah.
Urgh. So many caveats.
It should not be for the High Court to make up law it feels like based on outside jurisprudence. It shouold be fore the Law Refrom Commission to actually do something useful for a chance and make a proper system for defamation that balances free expression to some extent.
Which our Commonwealth Att-General is wanting to do over much squealing from wasteful State's Atts-General.
Like I said, I gotta do some more thinking about this. But I do reckon International law is a joke.
:: WB 1:35 pm [link+] ::