With No Bill of Rights, Kassam v Hazzard Was Bound To Fail: An Interview With Professor George Williams

 1,773 total views

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on whatsapp
WhatsApp
Share on telegram
Telegram

With No Bill of Rights, Kassam v Hazzard Was Bound To Fail: An Interview With Professor George Williams

By Sydney National Review

NSW Supreme Court Justice Robert Beech-Jones delivered his ruling on the Kassam versus Hazzard case, which raised close to a dozen grounds contesting the validity of public health order restrictions, as well as vaccine mandates, which have recently been imposed in this state.

All grounds of contention were dismissed. The broad finding was that rather than impinging upon a right to bodily integrity in requiring the COVID-19 vaccine in relation to certain jobs, the measure instead violated the right to freedom of movement if the jab was refused in these circumstances.

Chief Judge at Common Law Beech-Jones explained in his findings that as there is no bill of rights at the federal level – and nor at the state level in NSW – the rights that may have been infringed upon would have to be those “that the common law already recognises”.

So, to simply argue that some pandemic measures rolled out by the NSW government are discriminatory due to their impact solely upon unvaccinated people wasn’t a possibility, as his Honour advised that the common law fails to protect against discrimination.

A lack of protections

The Kassam case was the pointy end of what has become known as the freedom movement, which is opposed to many of the pandemic measures.

Indeed, of late, rights issues have been front and centre in Middle Australia, whereas quite often freedoms and liberties have been taken for granted.

But for those who were focused on rights issues prior to the COVID era, the fact that there is no broad protection for a range of citizen’s freedoms and liberties at the federal level is a well understood issue, which is usually neatly swept under the carpet.

And while recent lockdown measures and vaccine mandates issued without any parliamentary oversight might have shaken many citizens into rights awareness, commentators on the lack of rights protections in this country have been warning of increasingly waning freedoms for some time.

This is especially the case when it comes to the broad range of laws passed in the name of counterterrorism and national security since the New York 9/11 attacks two decades ago. These have eroded the rights of all Australians, often in ways that are not fully understood.

Rights could be protected

UNSW Law Professor George Williams has long argued the need for rights protections to be enacted at the federal level. The constitutional law expert has set out the reasons for this in the co-authored A Charter of Rights for Australia.

The professor has explained that the pursuit of rights-encroaching antiterror laws following 9/11 was in no way confined to our country. In fact, a UN resolution called for it to happen.

However, as Williams underscores, in Australia, the reach and volume of these laws is much broader than in comparable liberal democracies.

Sydney Criminal Lawyers spoke to the eminent Professor George Williams about the constitutional ground raised in Kassam, the difference a bill of rights could have made to the case, and why, until we get such a law at the federal level, it’s near impossible to get any traction in such cases.

A prominent question raised about the recent public health measures has been whether they’re constitutional.
In Kassam versus Hazzard, only one ground directly related to the constitution. This involved the prohibition against civil conscription found in subsection 51(xxiiiA) of the founding document.
Professor Williams, you’re a constitutional law expert. What was this ground all about? And why didn’t it hold?
What this particular clause in the Constitution says is the Commonwealth cannot force doctors to provide services. So, they can’t be conscripted, essentially.

So, if you had a Commonwealth law that said doctors must provide vaccinations, for example, that would be in breach of that conscription guarantee.

The problem for the case is that firstly, it only applies to Commonwealth laws and not state laws. And secondly, there is no compulsion upon doctors to provide vaccinations.

Even if we had a compulsion for people to receive vaccinations, that is still not civil conscription of doctors. So, it’s just not a clause that applies to the circumstances they were complaining of.

Besides the constitutional ground, Kassam involved about ten other contentions raised by two sets of plaintiffs in relation to public health orders and vaccine mandates for certain occupations. Justice Beech-Jones dismissed all grounds.
Overall, what are your thoughts on Kassam? Why wasn’t it successful?
It was not successful firstly, because the NSW Health Act provides a very broad and open-ended power for the government to make public health orders.

In fact, if you look at section 7 of the Act, it says that the section applies “if the minister considers on reasonable grounds that a situation has arisen that is… a risk to public health”.

So, we are certainly in that situation here, and in those circumstances, the minister can take such action and give such orders that the minister considers necessary to deal with the situation.

It’s hard to imagine a broader power than that. And that’s the power that has enabled the wide variety of health orders around lockdowns and the like.

So, it’s very difficult to argue the orders that were made are beyond power in the circumstances. That’s the bedrock problem.

It might have been a more successful argument if there were other restrictions that applied. If Australia had a bill of rights, for example, which guaranteed bodily autonomy or freedom of movement. But we don’t.

So, in essence, the case was challenging a very broadly worded power that was sufficient to make the orders, and not surprisingly the case was unsuccessful.

The Kassam case represents a broader debate around whether lockdown measures and vaccine mandates illegitimately undermined citizens’ rights and liberties.
How have you considered the broad implications of this debate? Would you say the rights issues being raised are warranted?
There are problems with how these orders are made. We’ve had law by decree in NSW, and indeed, at the federal level for some time.

Even though I am supportive of the need to take proportionate and strong action to protect the community, these actions have not been subject to sufficient scrutiny.

The NSW parliament didn’t meet for three months. So, that itself is highly problematic: that you would have such extraordinary powers exercised without the protections needed to ensure that they are proportionate.

Nor did you have the public seeing the debate and scrutiny that would give them confidence that the right actions were being taken.

So, that’s my concern. It’s a matter of process, a matter of scrutiny and accountability.

We have been lacking those things. So, I can understand why that has left people very concerned about whether the decisions are correct, and whether they have been properly justified.

You’ve been warning about the implications of the broad range of powers enacted at the federal level via 90-odd pieces of national security and counterterrorism legislation since the 2001 9/11 attacks.
Why should these laws be of concern for citizens? And does the debate around them overlap with the lockdown debate?
Broadly, what we have seen in response to terrorism, and now in response to the pandemic, is how powerful our governments are and how few checks and balances they have.

They have the ability to make decisions that have an extraordinary impact upon our lives – especially in terms of the counterterrorism cases that see people being gaoled – and yet, we lack even the most basic rights to check and balance them.

We don’t have a general freedom of speech. We don’t have strong rights to bodily autonomy.

There’s a range of pretty basic rights that are missing in our system. And that’s problematic because it really emphases what extraordinary powers our politicians have.

If you look at the federal regime, with the pandemic laws, it even goes to the extent that the federal health minister can make orders that override any other law. And his decisions can’t even be disallowed by parliament.

They are the sorts of powers that you expect to find in a dictatorship, not a country that values its democratic freedoms and ensures they’re respected.

You’re a prominent advocate for the establishment of a federal bill or charter of rights. Australia is the only western democracy without one.
How would legislation that protects specific rights in law have affected the current debate around lockdowns, or even Kassam itself?
It would provide a legal ruler to run over all responses. That legal ruler would recognise that governments can take strong action to protect the community, in fact, it would recognise the community’s right to health.

But there are a number of measures that may well be problematic. So, for example, some of the very severe travel restrictions that prevent Australians even exiting the country, let alone citizens returning home from overseas.

Curfews may be difficult to justify.

So, are a number of the things that have been put in place really reasonable and proportionate responses to the health crisis? In some cases, arguably not.

But there’s nothing that can be done in our legal system to challenge them, and that’s where this sort of instrument would assist.

And lastly, Professor Williams, you’ve been raising the need for a charter of rights for decades now.
Since we last spoke in 2017, the rights debate has picked up in terms of climate, religious freedoms, whistleblower prosecutions, freedom of the press and now there are people on the streets calling for their rights to be upheld in relation to health measures.
Some are considering an appeal of Kassam. But what would you call for in terms of resolving these emerging issues?
It’s hard to see the solutions because we don’t have the legal tools to protect and enforce people’s rights, as the Kassam decision shows.

To deal with the larger problem you need the political solution, hence the call for a bill of rights – a charter of rights – that actually puts something within our legal system that provides respect and protection of these rights.

But until we get that, then people are just going to find themselves disappointed in courts arguing for rights that the legal system doesn’t protect.

 1,774 total views

*Note We Deliberately Miss Spell Some Words or Add Capital Letters To Get Around Big Tech Censoring.

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on whatsapp
WhatsApp
Share on telegram
Telegram

Subscribe for free to our ANR news emails and access 2 free ebooks plus Reports to share with family and friends about Covid fraud and the danger of the vaccines.

For ANR Smaller Donors please donate below to help fund our critical not for profit work. Together we can defeat mainstream media.

For ANR Small Donation

151 Responses

  1. Your style is very unique compared to other folks I’ve
    read stuff from. I appreciate you for posting when you have
    the opportunity, Guess I will just bookmark this page.

  2. It’s perfect time to make some plans for the long
    run and it is time to be happy. I have read this post and if I may I wish to suggest you some attention-grabbing issues or tips.
    Perhaps you could write next articles referring to this article.
    I wish to learn more issues approximately it!

  3. Hey would you mind letting me know which web host you’re using?

    I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a
    lot quicker then most. Can you recommend a good hosting provider at a honest price?
    Thanks a lot, I appreciate it!

  4. Definitely believe that which you said. Your favorite justification seemed to be on the net
    the easiest thing to be aware of. I say to you, I definitely
    get irked while people consider worries that they just don’t know about.

    You managed to hit the nail upon the top and defined out the whole thing without having side effect , people
    could take a signal. Will likely be back to get more.

    Thanks

  5. You could definitely see your skills in the
    article you write. The arena hopes for more passionate writers such
    as you who aren’t afraid to say how they believe. At all times go after your heart.

  6. I loved as much as you’ll receive carried out right here.

    The sketch is attractive, your authored material stylish. nonetheless,
    you command get got an edginess over that you wish be delivering the following.
    unwell unquestionably come further formerly again as exactly the same nearly a lot
    often inside case you shield this increase.

  7. Magnificent goods from you, man. I have understand your stuff previous to and you’re just extremely magnificent. I really like what you’ve acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still care for to keep it smart. I can not wait to read much more from you. This is actually a tremendous website.

  8. I don’t want any rights that a parliament of perverts would grant, nor do I want any rights granted by a tribunal of autocrats/intellectuals.

    My rights, being unalienable, are granted to me by my creator, that I know.

    The only reason rights can validly be granted by a body politic is if those rights pertain to legal fictions created by the same body politic, or to those people who choose to pretend that they are those legal fictions.

  9. Have you ever considered about adding a little bit more than just your articles? I mean, what you say is important and all. But just imagine if you added some great photos or videos to give your posts more, “pop”! Your content is excellent but with images and video clips, this website could certainly be one of the very best in its field. Wonderful blog!

  10. I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

  11. You actually make it appear so easy together with your presentation however I to find this topic to be really something which I feel I might never understand. It sort of feels too complicated and extremely vast for me. I am looking forward to your next submit, I’ll try to get the cling of it!

  12. Whats up this is kinda of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get guidance from someone with experience. Any help would be enormously appreciated!

  13. you are in reality a just right webmaster. The site loading pace is amazing. It sort of feels that you are doing any unique trick. Furthermore, The contents are masterwork. you have done a fantastic process on this subject!

  14. I simply couldn’t leave your web site prior to suggesting that I really enjoyed the standard information an individual supply for your visitors? Is gonna be again continuously to check up on new posts.

  15. Having read this I thought it was very informative. I appreciate you taking the time and effort to put this article together. I once again find myself spending way to much time both reading and commenting. But so what, it was still worth it!

  16. I’ll immediately seize your rss feed as I can’t find your email subscription link or e-newsletter service. Do you’ve any? Kindly permit me recognise so that I may subscribe. Thanks.

  17. I was more than happy to seek out this internet-site.I wanted to thanks for your time for this wonderful read!! I undoubtedly enjoying every little little bit of it and I’ve you bookmarked to check out new stuff you weblog post.

  18. I precisely desired to thank you very much again. I do not know the things that I would have used without those tactics contributed by you concerning this area of interest. It actually was a depressing scenario for me, but noticing your skilled approach you processed the issue made me to cry for happiness. Now i’m grateful for the service and in addition trust you recognize what a great job you are doing teaching men and women by way of a blog. I am certain you haven’t come across any of us.

  19. Terrific work! This is the type of info that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)

  20. Hello, Neat post. There’s a problem together with your website in web explorer, would test this… IE nonetheless is the marketplace leader and a large component of other folks will pass over your wonderful writing because of this problem.

  21. Hey there would you mind letting me know which webhost you’re working with? I’ve loaded your blog in 3 different browsers and I must say this blog loads a lot quicker then most. Can you suggest a good internet hosting provider at a honest price? Kudos, I appreciate it!

  22. Its such as you learn my mind! You seem to know a lot about this, like you wrote the e-book in it or something. I think that you can do with some to pressure the message house a little bit, but other than that, this is fantastic blog. A fantastic read. I’ll certainly be back.

  23. Hey very cool blog!! Man .. Beautiful .. Amazing .. I will bookmark your web site and take the feeds also…I am happy to find a lot of useful info here in the post, we need develop more strategies in this regard, thanks for sharing. . . . . .

  24. I have been exploring for a little for any high quality articles or weblog posts in this kind of house . Exploring in Yahoo I eventually stumbled upon this site. Studying this information So i’m happy to show that I’ve an incredibly excellent uncanny feeling I discovered exactly what I needed. I most unquestionably will make certain to don’t forget this web site and give it a glance regularly.

  25. I am no longer certain where you are getting your info, but good topic. I must spend a while finding out more or working out more. Thank you for magnificent info I used to be on the lookout for this information for my mission.

  26. I precisely wanted to thank you very much yet again. I’m not certain the things that I might have used in the absence of those solutions shown by you relating to that subject. It absolutely was an absolute challenging dilemma in my opinion, but looking at the skilled avenue you dealt with it took me to leap for gladness. I am happier for your information and then pray you recognize what a great job you are always providing educating many others all through your web page. I know that you’ve never come across any of us.

  27. You actually make it appear really easy along with your presentation but I in finding this topic to be really something which I think I would by no means understand. It sort of feels too complicated and extremely extensive for me. I’m taking a look ahead for your next publish, I will attempt to get the dangle of it!

  28. Hi, I think your site might be having browser compatibility issues. When I look at your website in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, fantastic blog!

  29. Wonderful blog you have here but I was wanting to know if you knew of any forums that cover the same topics talked about here? I’d really love to be a part of group where I can get feedback from other experienced people that share the same interest. If you have any recommendations, please let me know. Kudos!

  30. Very interesting info !Perfect just what I was searching for! “I have a hundred times wished that one could resign life as an officer resigns a commission.” by Robert Burns.

  31. Great – I should definitely pronounce, impressed with your website. I had no trouble navigating through all the tabs and related information ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your client to communicate. Excellent task..

  32. Hello just wanted to give you a quick heads up and let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same outcome.

  33. I simply wanted to thank you very much once more. I am not sure what I could possibly have followed without these creative concepts provided by you about such a concern. This has been a troublesome setting in my opinion, nevertheless finding out the very professional form you dealt with the issue forced me to cry over joy. I’m thankful for your assistance and thus wish you find out what a powerful job you have been providing teaching men and women with the aid of a blog. More than likely you’ve never encountered any of us.

  34. I have been exploring for a little bit for any high-quality articles or weblog posts in this sort of house . Exploring in Yahoo I finally stumbled upon this web site. Studying this info So i?¦m satisfied to express that I have an incredibly excellent uncanny feeling I discovered just what I needed. I such a lot surely will make certain to do not forget this web site and give it a look on a relentless basis.

  35. Woah! I’m really digging the template/theme of this blog. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between superb usability and visual appeal. I must say you have done a amazing job with this. Additionally, the blog loads extremely quick for me on Safari. Exceptional Blog!

  36. Have you ever considered publishing an ebook or guest authoring on other blogs? I have a blog centered on the same topics you discuss and would love to have you share some stories/information. I know my viewers would enjoy your work. If you are even remotely interested, feel free to send me an email.

  37. hello!,I really like your writing very much! share we be in contact extra about your post on AOL? I need a specialist on this space to resolve my problem. May be that is you! Taking a look forward to peer you.

  38. I will right away grab your rss as I can’t find your e-mail subscription link or newsletter service. Do you have any? Please let me recognise so that I may just subscribe. Thanks.

  39. I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

  40. hello there and thanks for your info – I have certainly picked up something new from right here. I did alternatively expertise several technical issues the usage of this website, as I skilled to reload the website many times previous to I could get it to load properly. I were pondering in case your web host is OK? Now not that I’m complaining, but slow loading circumstances instances will sometimes have an effect on your placement in google and could damage your high-quality rating if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my e-mail and could look out for much more of your respective interesting content. Ensure that you update this again soon..

  41. Pretty section of content. I just stumbled upon your web site and in accession capital to assert that I get actually enjoyed account your blog posts. Any way I’ll be subscribing to your augment and even I achievement you access consistently fast.

  42. I’ve read a few good stuff here. Certainly price bookmarking for revisiting. I surprise how much effort you set to make this sort of great informative website.

  43. Great – I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs and related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your client to communicate. Excellent task.

  44. Attractive section of content. I just stumbled upon your web site and in accession capital to assert that I get actually enjoyed account your blog posts. Any way I’ll be subscribing to your feeds and even I achievement you access consistently fast.

  45. Throughout the grand scheme of things you’ll receive an A with regard to hard work. Where you misplaced us was first on the details. As people say, the devil is in the details… And it couldn’t be more correct right here. Having said that, permit me say to you what exactly did give good results. Your authoring is actually rather powerful and that is possibly why I am taking the effort in order to comment. I do not really make it a regular habit of doing that. Secondly, even though I can notice the leaps in reason you come up with, I am not necessarily convinced of how you appear to connect your ideas which help to make your conclusion. For now I will, no doubt yield to your position but trust in the near future you connect the dots better.

  46. Hiya very nice site!! Guy .. Beautiful .. Amazing .. I’ll bookmark your web site and take the feeds additionallyKI’m satisfied to search out numerous helpful info here in the post, we want work out extra strategies on this regard, thank you for sharing. . . . . .

  47. Thanks , I’ve recently been searching for information about this topic for ages and yours is the greatest I’ve discovered till now. But, what about the bottom line? Are you sure about the source?

  48. I?¦ve been exploring for a little bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I ultimately stumbled upon this website. Reading this info So i am satisfied to show that I’ve a very excellent uncanny feeling I came upon exactly what I needed. I such a lot for sure will make certain to don?¦t fail to remember this web site and give it a glance regularly.

  49. Great beat ! I wish to apprentice even as you amend your site, how could i subscribe for a blog site? The account helped me a applicable deal. I have been a little bit acquainted of this your broadcast provided bright transparent concept

  50. Admiring the commitment you put into your site and in depth information you provide. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed information. Fantastic read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  51. I have been browsing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. Personally, if all website owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.

  52. With havin so much content do you ever run into any problems of plagorism or copyright violation? My blog has a lot of exclusive content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the internet without my authorization. Do you know any ways to help prevent content from being ripped off? I’d certainly appreciate it.

  53. Just desire to say your article is as astonishing. The clarity in your post is simply excellent and i can assume you are an expert on this subject. Well with your permission let me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please carry on the rewarding work.

  54. Nice post. I used to be checking continuously this weblog and I’m impressed! Very useful info particularly the last section 🙂 I handle such info much. I was looking for this certain info for a long time. Thank you and good luck.

  55. What i don’t realize is in fact how you are not actually much more smartly-liked than you might be right now. You are very intelligent. You understand thus considerably with regards to this matter, produced me for my part consider it from numerous various angles. Its like women and men aren’t fascinated except it’s one thing to accomplish with Lady gaga! Your own stuffs excellent. Always care for it up!

  56. Good – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the tabs and related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your client to communicate. Excellent task.

Leave a Reply

Your email address will not be published. Required fields are marked *

McIntyre Report
Political Talk Show

Kylie Bartlett show

Craig Schulze Show

1 Billion Views, 100% Censored, But Still 0% Debunked. A Profound Conversation With Mikki Willis

Raw Report

Ryan Jackson Saw show

Australian nurse exposes corrupted medical industry

Top 10 Crypto

in USD

in AUD

in GBP

in CAD

Jamie McIntyre

Truthbook.Social

Currency Exchange Rates in AUD

Live and updated every minute of the day

Current Price of Bitcoin 2.0

Nurses Speak Out

ANR Meme Report

with Nadine Roberts

Episode 002

21st Century Political System

Play Video

Editor's Pick

Enter email to receive ANR News articles, 2 free e-books, plus the Global Health Organisation Report

Download the Full PDF - THE COVID-19 FRAUD & WAR ON HUMANITY