Shrinking Democracy with Law

Abstract

The Australian federal government - and several state governments - are currently seeking to use law to reduce the democratic space available to Australian citizens and even future governments. Legal realist theory tells us that law follows power, in contrast to the legal positivist view that law's development follows its own internal rules of logic. In Australia today, the realist thesis is evidenced by several laws currently being pursued or considered by the Australian government, acting under the influence of corporate pressure. Four particularly striking examples illustrate this illiberal and alarming trend.