Reference no: EM133578210
Question: Prohibiting Protest Act 2023 (NSW) Section 3 A person must not enter or remain on or near a railway station, port or infrastructure facility if doing so: (a) damages the railway station, port or infrastructure facility; or (b) seriously disrupts or obstructs the use of the railway station, port or infrastructure facility.
Question 1: In the second reading speech, the Attorney General for NSW, Anuja Ng says: "We have the power to make whatever law is needed to protect the people of NSW. The only limit on our power is the power of the people at election, and we know that the people of NSW will thank us for protecting them against the disruptions caused by the actions of protestors who have tied themselves to infrastructure facilities to block access to them."
Drawing on your understanding of Government and Public Law, explain whether the Attorney-General is correct.
Question 2: The Minecraft Minions, a group of 16-18 year olds who have begun a movement to agitate for changes to government policies relating to climate change, are very worried about the impact of this law on their ability to effectively engage in protest to shift government policy to address climate change. Their spokeswoman, Verity Langton made an impassioned plea standing in front of BHP Billiton headquarters. She said: "This law breaches our fundamental rights! It's a betrayal of the Australian way of life. We are a society that believes in the rule of law, and this law makes a mockery of it! It's unconstitutional! It's incompatible with the core values of our system of government. It's a mockery of our humanity. The government should be ashamed!
a. Drawing on what we have studied in Government and Public Law in Weeks 1-7, is this law unconstitutional? Why/why not?
b. Using AV Dicey's definition of the rule of law, explain whether this law is consistent with the rule of law.
c. Using Lord Bingham's definition of the rule of law, explain whether this law is consistent with the rule of law.
d. Explain which of the two definitions of the rule of law better reflects a balance between the rule of law and parliamentary sovereignty and why.
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