Robert French

Prime Minister Kevin Rudd has recently appointed a new Australian High Court Chief Justice . He is to take up this appointment in late August 2008. Federal Court  Justice,  Robert French was educated at a Jesuit school, St Louis in Western Australia. He was also a member of the school council of a Roman Catholic School, John XXIII College from 1978 to 1983. The latter school absorbed the St. Louis Jesuit school.

Three High Court Chief Justices in a Row : Educated at Roman Catholic Schools

Public Education supporters consider it outrageous that three High Court chief justices educated at Roman Catholic Schools have been appointed in a row. On the law of averages, taking account of the Roman Catholic percentage share of the Australian population, one is every four of the chief justices should be appointed from this sector, not three in a row.

This discriminatory practice indicates that discrimination in favour of this sector of the community is magnified twelve fold.

The  Relevant Appointments

 Francis Gerard Brennan was appointed Chief Justice by Paul Keating, the then Prime Minister. His appointment lasted during the period 1995 to 1998. He attended school at Christian Brothers College Rockhampton and Downlands College Toowoomba, a college administered by the Missionaries of the Sacred Heart. Although Brennan had been previously a Justice of the High Court, the other two appointments have come from other jurisdictions.

 Chief Justice Brennan was followed by Anthony Murray Gleeson. Chief Justice Murray Gleeson was appointed from the NSW Supreme Court by Prime Minister Howard in 1998. He was educated at a Roman Catholic School, the Marist Brothers St Joseph's College,  Hunters Hill.

Public School Product, J.J. Spigelman Overlooked

It is interesting to note that in speculation about a possible new Chief Justice of the Australian High Court, the name of the NSW Chief Justice of the Supreme Court J.J. Spigelman was often mentioned. Spigelman was educated in the public system at Sydney Boys High School. But he was passed over in favour of Robert French, the church school graduate.

DOGS Interest in High Court Appointments

When the High Court is dealing with Constitutional matters on Church and State, as well as matters relating to religious and political events, citizens are foolish to ignore the implications of the members of the High Court and the nature and effect of their background in relation to the subject matter before the court.

In their High Court case, DOGS discovered that the influence of church background and values  came to the forefront.

High Court Justices, Influence of  Background and Values on Crucial Decisions

DOGS concerns are best expressed by a former Chief Justice of the High Court of Australia, The Right Honourable Sir Harry Gibbs. In a book entitled Upholding the Australian Constitution : the Proceedings of the Sixth Conference of the Samuel Griffith Society 17 November 1995, Chapter Seven; Does Australia Need a Bill of Rights? Gibbs summed up his position as follows:

The existence of a bill of rights requires the judges to decide questions of policy which in a democracy should be decided by the Parliament. The judges may persuade themselves that in deciding questions of that kind they are giving effect to the will of the majority of the people, or that they are acting in accordance with current social values. However, they have no reliable means of determining what is the will of the people, and the values to which they give effect must necessarily be their own.

So that is what happened in the DOGS case! The people of Australia suffered the application of the values of men influenced by church interests. See  dogs_high_court_case1.htm

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