A common response to any suggestion that the Constitution needs reform is “if it aint broke, don’t fix it”. But the fact is that the document is broke, and increasingly so.
The latest example concerns the School Chaplain program, started by the Howard government, and retained and extended by the Rudd and Gillard governments. This clearly offended one Queensland parent, who managed to find sufficient support for a High Court appeal against the whole program.
He put two arguments against the Chaplain program funded by the federal government. He claimed it interfered with a principle of separation of church and state. The High Court unanimously rejected this.
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Getting ready for my appearance before the High Court in Canberra this week I did some eccentric research. I watched The Castle for the first time.
And whether your name is Daryl or Derryn it is pretty daunting walking up those steps to the towering glass façade of the High Court building in Canberra. With life imitating art, some of the media gang and camera crews who played extras in The Castle were there again in real life for my High Court battle.
That’s where the similarity ended. The battler fighting to retain his home on the grounds that a man’s home is his castle had a suburban solicitor and a QC played by Bud Tingwell against a couple of high-powered lawyers.
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