Is the court system becoming obsolete in Australia?

I’m reading an article in the Australian… Haneef: minister cast adrift…,25197,22155705-601,00.html

There is a very interesting phrase in the article…

“By Saturday, Mr Andrews had legal advice affirming his right to hold Dr Haneef to a higher level of accountability than the court system.”
I am very interested in what we think the implications of a statement like this are. It sounds to me like we now face a system where the courts are no longer the ultimate abiters of justice in this country and that ministers can be set above the courts and demand a ‘higher standard’ than the courts can deliver on.

IMHO, the court system, magistrates – high court, federal appeals court, should set the standards and precedents that we can all be expected to abide by. That is what the court system is for. I’m not a lawyer – I’m just an ordinary guy who values his freedoms. I think that a system where the courts no longer set the standards that citizens, visitors and government are expected to abide by is somewhat daunting.

I continue to wonder if the court system is becoming obsolete in Australia? If ministers can hold people to a higher standard than the courts are expected to, then why bother having courts in the first place. Why not appeal to a government minister if a court decision goes the wrong way?


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