Last week our top court, the High Court of Australia, garbed itself in the fashionable attire of the cult of progressive wokeness. As I wrote in the Legal Affairs page of the Australian ‘by 4-3 it effectively constitutionalised identity politics; in a weird sort of way it elevated the common law – judge-made law to be clear – above the Constitution itself; it introduced a race-based limit on the parliament’s power; it looked very much to be a clear case of outcome-oriented judging, meaning you start with the conclusion you want and then struggle to find rationales to get you...
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