Senator David Shoebridge hopes to ‘rebalance the scales of justice’ after states crack down on activists
Advice provided by Williams and seen by the Guardian states that Australia has the power to introduce laws conforming with international treaties and conventions under the external affairs power in the constitution.
It was the same provision used in the case that saw the Franklin River Dam blocked by the high court in 1983, as well as federal laws that“Basically, the commonwealth has the power to implement conventions and the constitution says where there is a conflict with the states, they are overridden,” Williams said.
The EDO’s case against the NSW government is set to be heard in the state’s supreme court in May. It centres around two women, 57-year-old preschool teacher Dominique Jacobs from Gloucester in the Hunter Valley and 71-year-old psychologist Helen Kvelde, whoWilliams said he could “see why” the EDO was running the case, which will rest on whether the court decides the laws unreasonably impinge on the implied right to freedom of political communication.
“There has been some success with like challenges but in the end these things always depend on the detail … but it’s a difficult road,” he said.“the right to protest is under assault in states and territories across the country”. “The environment and justice movements are increasingly under threat of legal sanctions and arrest for acts of nonviolent resistance to the extractive industries, especially logging and fossil fuels,” he said.
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