Politics with Michelle Grattan
News:Politics
Christian Porter has unequivocally denied the historic rape allegations levelled against him, and says he is determined to stay in his job as attorney-general.
Both Scott Morrison and Porter are adamant the "rule of law" in this country places the attorney-general beyond prosecution, now that the NSW police have closed the case.
Porter is the country's first law officer and many argue that requires a stiffer test of suitability.
This week UNSW professor of law Fleur Johns joins the podcast, to discuss the legal role of the attorney-general, how allegations of this kind can affect the performance of his duties, and the validity of the "rule of law" argument.
The role of the office of the attorney-general is both one of "actual powers" and "a repository of great symbolic power," Johns says.
This symbolic power is compromised by "serious allegations that go to the ability of a person to exercise power over another person in a way that is responsible."
"Allegations that are made of a serious abuse of power having been conducted could erode...public trust, especially when those allegations have not had an opportunity to be tested, as is the case here."
Johns "wholeheartedly" rejects the view an independent inquiry into the rape allegations would compromise the rule of law.
"It's absolutely par for the course that the rule of law is delivered through a range of different procedural mechanisms."
"The testing of these allegations...with the appropriate protections to ensure the rule of law, would actually be a way of ensuring that that ideal of the rule of law is defended and promoted.
"[It would show] that we do experience a sense of being governed by laws and legal processes and legal institutions, rather than by particular men and women who happen to be in power at any one time."
Politics with Michelle Grattan: Anne Summers says we need much more information on male perpetrators of violence against women
Politics with Michelle Grattan: Economist Chris Richardson on recent economic data and whats in store for the upcoming budget
Politics with Michelle Grattan: Independent MP Dai Le on the church attack in her electorate
Politics with Michelle Grattan: Josh Burns on being a Jewish MP during a terrible conflict
Politics with Michelle Grattan: Andrew Leigh on competition - economic and political
Politics with Michelle Grattan: Kim Beazley on Kevin Rudd, being an ambassador, and a possible second Trump presidency
Politics with Michelle Grattan: Cyber expert Lesley Seebeck on TikTok’s future in Australia
Politics with Michelle Grattan: Masculinity expert Michael Flood on boys and men behaving badly
Politics with Michelle Grattan: John Blaxland on spies, AUKUS, and an unsettled Washington
Politics with Michelle Grattan: Jason Clare on the future of education in Australia
Politics with Michelle Grattan: Antony Green, Kos Samaras and Tim Costello on Dunkley contest
Politics with Michelle Grattan: Assistant minister Malarndirri McCarthy says there's 'no rush' on treaty and truth-telling
Politics with Michelle Grattan: Chris Bowen on fuel efficiency standards and the energy transition
Politics with Michelle Grattan: Angus Taylor on tax and the economy
Politics with Michelle Grattan: Jim Chalmers says Australians will be better off next year
Politics with Michelle Grattan: Bill Shorten on making the NDIS fit for purpose
Politics with Michelle Grattan: Chris Bowen’s struggle to promote consensus on climate action at COP28
Politics with Michelle Grattan: Greens Barbara Pocock on the quest for greater transparency
Politics with Michelle Grattan: James Paterson on the High Court’s decision on detention and rising anti-Semitism
Politics with Michelle Grattan: Former climate minister Greg Combet on Australia’s mission to reach net-zero
Create your
podcast in
minutes
It is Free