“The community is on a slippery slope when elected politicians misunderstand the importance of separation of powers,” writes political columnist MICHAEL MOORE.

The restrictions placed on protests by NSW Premier Chris Minns and the way they have been policed, is yet another step towards authoritarianism.

Ironically, in many ways it is being driven by Israel, a country that in 2023 saw massive protests when Prime Minister Netenyahu attempted to curtail the power of the Supreme Court.

Former Prime Minister Tony Abbott illustrated how power can slide towards authoritarianism in a democratic society. “We are on a slippery slope”, he said, “when unelected judges start making political judgments”. His comments were “misconceived”.

The community is on a slippery slope when elected politicians misunderstand the importance of separation of powers.

Elected MPs in a democracy are effective at looking after the majority. A key role of constitutions in democratic systems is to protect the rights of minorities. This highlights the importance of the separation of powers, along with the Executive branch of government being accountable to the parliament.

Abbott’s challenge to the decision of Justice Belinda Rigg regarding a protest held on the Sydney Harbour Bridge was ill-founded. He argued the decision to allow protests, “should be made by elected and accountable ministers – who, as it happens, think the march should not go ahead”.

The Chief Justice of NSW, Andrew Bell, defended the role of the court in a speech to the legal profession, labelling Abbott’s comments as “misconceived”.

He pointed out that the decision by Justice Rigg “was not a ‘political’ judgment, but involved the careful weighing of the common law and constitutionally protected right to free speech and public assembly with considerations such as public safety”.

The chief justice went on to infer that statements such as the one from the former prime minister could be considered irresponsible. Why? Because they undermine trust in the very institutions that have served Australia so well since Federation.

Ironically, in response to questions from the ABC, Abbott identified the debate with the chief justice as “a separation-of-powers issue”. That part was correct. However, he misunderstood the point when he added: “Whether a political protest goes ahead or not should be a question for the executive government not for judges”.

In his speech, Justice Bell also addressed the issue of social cohesion, pointing out that it was not enhanced when judicial decisions were attacked in a way that betrayed an “ignorance” of the law and the judge’s reasoning.

The protesters that have turned up in Sydney, Canberra and across Australia have not been hood-winked by Prime Minister Anthony Albanese’s suggestion that the visit of Israeli President, Isaac Herzog, will enhance social cohesion. It has undermined social cohesion and aggravated the risk of antisemitism.

The thinly veiled excuse that this visit is to support the grieving families of the horrific Bondi shootings in December is difficult to accept.

All sensible Australians were appalled at the events that took place on that day. However, we did not expect an Israeli-style reaction that our government would, in turn, launch an attack on all Muslim citizens in Australia. Instead, Islamic leaders condemned the attacks, and the prime minister called for calm.

Compare the reaction here to the reaction in Israel after the October 7 attacks by Hamas militants that left 1200 dead. There are now more than 70,000 Palestinian men, women and children who have died in the attacks launched by Israel. Disproportionately, for every Israeli who died, 60 Palestinians have paid the ultimate price.

The mainstream media in Australia has been labelling the Herzog protests as “Pro-Palestinian”. Israel and its acolytes would love this framing. Most protesters are there to express their disgust at Herzog and the role he played in inciting the appalling actions of Israel as they carried out the “Gazan Holocaust”.

The Herzog visit has not enhanced social cohesion. It ought to have been obvious to all those who defended the visit.

The many Jewish people who opposed the visit recognised that the presence of such a senior Israeli government member being feted around Australia by Labor and Coalition MPs alike would increase antisemitism, rather than decrease it.

Recognition of a Palestinian state by Australia was a sensible decision. However, it is inexplicable that the government fails to condemn Israel as it flouts international law, carries out a genocidal holocaust of Palestinian men, women and children, and continues its illegal expansion into the West Bank and Gaza.

Michael Moore is a former member of the ACT Legislative Assembly and an independent minister for health. He has been a political columnist with “CityNews” since 2006.

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