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Rule of Law
There have been new identity check laws (30th April 2012) which applies to anything covering the face including burqas, motorcycle helmets, masks, veils and the niqab in NSW.
It is important to ensure the right people appeared in court due to the burqa, they unidentifiable, to ensure the enforceability of the law.
Natural justice refers to the court proceducers.
In a court situation where a woman is wearing the burqa, it would take away the rights of the prosecutor of having cross examination
It would also take away her right to having a decision made by a non-biased decision maker
"Islamic veil doesn't fit France desputies rule" & French begin moves to full face veils" & "Italian law to ban veil wins early approval"
These three articles all disscuss the enforceability, meeting society's needs and the application of the rule of law in society.
At the core of this issue one question remains, that is; What happens to the Burqa when it comes into contact with the law; in specific the courts?
When a woman is wearing the burqa in court, it will hinder the court case for not only both sides but also for the law enforcement agencies, even after the case is over.
Thus the NSW police were given broader powers to idenify people's faces.
Law was created through precedent, that any woman who wears the burqa must remove it inorder to give her evidence in court.
These are just some of the powers/laws which have been used inorder to solve the problem of the burqa in courts.
Has justice been achieved?
Role of Parliament and the courts
Law as a reflection of society
Our society is based on:
Secular society - (our laws are not based on any religions)
Equality of women; key values in secular society, and any culture that believes that only women should be covered in such a repressive manner is not consistent with the Australian culture and values.
Thus the wearing of the burqa is not a reflection of the majority of our society.
State Rights vs Individual Rights
The rights of the majority take over the rights of the miniority because the law must be utilitarian.
Security reasons (eg. protection from terrorism -> Australian society)
Separation of Powers
The role of the parliament is to ensure that the rights of the community are represented within the legislation.
The role of the courts is to interpret that legislation, however the courts are put into a situation where there is no law in regards to this issue, and therefore must create laws in the form of precedent.
The seperation of powers in Australia is made imperfect due to the lack of official legislation in our society, because the roles of various branches in the law are swapped, thus making the seperation of powers inefficent.
"Nile unviels bill to ban people hiding their faces"
the responsiveness of this issue was, that due to the secular nature of our laws he believes that we should not allow them to breach Australia’s moral and collective values in the 21st century.
"Tycoon will pay fines for veiled women"
This article disscusses a non-Legal response to this issue, the enforceability of the law and the accessibility of the law.
"What Liberte of dress?" & "A veiled threat to women's freedom"
These two articles disscuss the responsiveness, accessibility, protection of individual rights and meeting societie's needs
“We need to stop the expansion of fundamentalist Islam in Australia lest we lose the foundation, the essence, the very culture of our great nation.”
He perceives that it is an invasion of our cultural identity, beliefs and values and believes that this invasion of conflicting beliefs needs to be stopped before it just becomes the norm in our society.
"Lib Senator calls for burqa ban"
"Truss and Abbott at odds on burqa ban" & "Mps differ on burqa ban in court"
These two media articles disscuss the legal implication of the banning of the burqa;
The enforceability of the law
Responsiveness to the issue
Meeting society's needs
"Burqa defenders' paradox of injustice"
This article disscusses the responsiveness to this issue from a Muslim's point of veiw; that is, "Why is the battle for Muslim women's rights being fought by non-Muslims?"
It also raises the issue that due to the contraversy associated with the burqa, Muslim women's voices become even more suppressed.
From their point of veiw they see this as a form of discrimination.
"Keneally won't back burqa ban"
This article disscusses the meeting of society's needs, over the protection of individual rights, in that the rights of the majority take over the rights of the minority.
Should the Burqa be banned in public places in Australia?
In Australia, the wearing of the burqa is an individual right which should be protected, thus they are entitled to the freedom of expression and religion;
Due to the fact that we do not have a 'Bill of Rights' in Australia, the law must protect individual rights.
"Burqa decision ripples across world" & "Burqa a right lost in wrongdoing" & "Police given broad powers to remove facial coverings."
These three articles all talk about the law which has been created in regards to the burqa and;
The resource efficiency in creating & enforcing the law
Accessibility of this law
Enforceability of this law
Responsiveness to this law
Protection of individual rights
Meeting society's needs
Application of rule of law.
"Veiled women might be fingerprinted in NSW" & "Fingerprints touted as a way to check identity of burqa wearers"
"Any change to the law regarding crime scene identification would be done in a measured way, reflected individual freedom while balancing police powers"
as a result of Carnita Matthews case the burqa is revealed as a way to dodge the rule of law.