Challenges to the rule of law in modern society

09/04/2021

Policy and public affairs

Chief Justice T F Bathurst AC has spoken on "Challenges to the Rule of Law in Modern Society" at the 2021 District Court of New South Wales Annual Conference.

His Honour's speech examined recent events, both here in Australia and in the United States. He began by observing that, instead of "languishing in obscurity, the concept of the rule of law has taken up prime position in recent times", but he warned that there are "profound misunderstandings" in the current discourse.

Chief Justice Bathurst concluded by focussing on the importance of lawyers exercising independent forensic judgment and not acting as mere mouthpieces of their clients, by reference to the final days of the Trump Administration.

His Honour warned that “The judiciary and the legal profession must also be alert to specific threats which can affect public confidence in the rule of law. These are not light or inconsequential issues. At risk of seeming alarmist, we cannot afford to be complacent about these things.”

You can view Chief Justice Bathurst's speech here.