•  
  •  
 

Abstract

[extract] I cannot say how the Attard twins case would have been resolved in the Australian courts. I cannot guess how Sir Gerard Brennan and I would have resolved it, had such a problem come before us in the High Court of Australia. This much is clear. The issues of bioethics proliferate. Yet there is never a gap in our law. Theologians may dispute. Philosophers may debate. Popular television may entertain. Hypotheticals may speculate. But in the end, judges, whose jurisdiction and powers are properly invoked, must decide. If, as is usual in such cases, the Constitution and the statute law are silent, the judges must reason by analogy from basic principles. They must offer public reasons. Their conclusions will be open to criticism and to praise. Today in such cases, judges must perform their duties under the public and media spotlight. Whatever they decide will be criticised by some.

Share

COinS