But the other major political party represented by the Shadow Attorney-General, Robert McClelland, defends the right of judges to enter into debates about social equity. They themselves see the consequences of social inequity before the courts and their comments have tended to be balanced and well founded. In terms of issues of social equity, we're always prepared to listen to reasoned debate and no one can say that Justice Kirby has ever come into the debate without a strong factual and rational basis. Michael Kirby's colleagues also defend his right to offer an opinion on social issues. Steve Mark serves with the High Court Judge on the International Commission of Jurists.
People make social commentary in Australia all the time.
The media usually goes to people of high profile. Hugh McKay gives comments all the time. He is a social commentator. The World Today contacted Justice Kirby's High Court office seeking a response to the comments by the Prime Minister and his Attorney-General, Daryl Williams. Justice Kirby is referring to an incident three years ago when the then National Party Leader, Tim Fischer, described the High Court's Wik Land Rights decision as 'a case of judicial activism'.