![]() ![]() “Have you ever heard these people complain about the mining council being able to get an audience with ministers? No. “I think, unpacked, that notion is one of the most depressingly unkind, anti-social views of this whole thing – ’don’t let’s have a Voice because it might give blackfellas some moral force. ![]() “The notion that the Voice is to be abominated because it may have moral force is, I’m sorry, I believe it to be racist because nobody has ever professed that there’s a reason why they should not be lobbyists. “Indeed, some have gone so far as to enlist that figure of speech and talk about the Voice as an abomination because it would be a fourth arm of government. ![]() “When one rapidly unpacks, the power they’re talking about is a power of influence. So, it’s not legislative, executive or judicial. It’s not the power to administer the law. “It just seems to me to be really obvious that if a court were invited to rule whether governmental action could be invalidated potentially, the court will say, ‘Well, we’re not getting into arguments about whether it would have mattered or not’.” “Judges in particular don’t decide political questions. “And if I might be permitted a little sharp edge to my tongue – they should think more carefully about the nature of the Constitution and, in particular, the nature of the judicial role when it comes to litigation on validity. “My view is that this justiciability scare is really nothing more than that, and that lawyers should think carefully before they lend themselves to it,” Mr Walker said. ![]()
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