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| There appears to be a tug of war between public expectation and the judiciary. |
The rule of law is one of the foundational pillars of liberal democracy. At its core, it rests on the simple, powerful idea that no one is above the law. Not kings, not parliaments, not the wealthy or the well-connected. It was designed to protect the weak from the arbitrary exercise of power and to ensure that governments, however popular, remain bound by principles of fairness and reason.
Yet in contemporary Australia, we may ask whether this venerable concept is still serving the public interest, or whether it has been subtly repurposed to shield those who undermine the very society it was meant to sustain.
In the Morning Double Shot newsletter, Terry Barnes wrote:
Again and again, the public will is overturned by judicial activists, judges who imply all manner of esoteric things into interpreting the law and effectively placing themselves above the people’s elected representatives and His Majesty’s duly-constituted government. This is not the rule of law, but the law of rule. Michael de Percy turns his mind to the erosion of the rule of law, and the sovereignty of the people through parliament.
My latest in The Spectator Australia, Is the rule of law still fit for purpose?
The public mood toward judges overriding executive and parliamentary efforts to protect community safety is one of genuine concern.
— The Spectator Australia (@SpectatorOz) April 22, 2026
This includes disruptive protests or the release of foreign criminals onto the streets...
The deeper problem is not the rule of law itself, but… pic.twitter.com/cqArXZN1Hj

