Wednesday, June 17, 2015

No due process, no Cabinet process either

Meanwhile, over in Australia Tony Abbott wants to strip citizenship from alleged terrorists and exile them without judicial process. How did he get this past his Cabinet? By not showing them the legal advice which said it was unconstitutional:

Cabinet Ministers have not been shown the Solicitor General's advice on the government's plan to strip citizenship from dual nationals suspected of being terrorists.

Sky News understands that the Solicitor General's advice has been seen by the Prime Minister, the Attorney General and Immigration Minister, but has not been seen or considered by other Cabinet ministers.

The revelations mean that Cabinet discussions and ultimately the decision to support the proposal were made without considering formal advice from the Solicitor General.

Three senior government sources confirm that the rest of cabinet still has not seen the advice.

It was revealed last week the Solicitor General declared the plans in their current form as 'unconstitutional' - because they hand the power to declare someone a terrorist to a minister without due legal process.

They've already admitted that the decisions they plan to make under this role would not withstand judicial scrutiny, which means that they will effectively be arbitrary punishments handed down by the Minister. And that's simply not something modern democracies should do. But Australia, with its gulags, secrecy, and increasing intolerance of dissent is fast ceasing to be one.