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	<title>Comments on: Would judicial activism have saved the Howard government?</title>
	<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/</link>
	<description>Blogging politics, culture, sociology and life from Brisvegas</description>
	<pubDate>Sat, 22 Nov 2008 18:17:39 +0000</pubDate>
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		<title>By: Andrew E</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465920</link>
		<dc:creator>Andrew E</dc:creator>
		<pubDate>Mon, 12 May 2008 04:12:00 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465920</guid>
		<description>&lt;blockquote&gt;What would’ve happened if Whitlam had lost the 1972 election?&lt;/blockquote&gt;
Can't resist (sorry, Mercurius). 

Old farts like Frank Crean and most of those who would have been ministers in the Whitlam government would have given it away/been tapped on the shoulder while their contemporaries in the Coalition would have stuck around, creating an effect similar to the isolation that happened after Bracks and Beattie retired leaving Howard looking not experienced but just too old.

1973: oil shock creates economic "perfect storm" that wrecks Liberal reputation for prudent economic management. Though the McMahon government has completed its withdrawal from Vietnam, it has failed to distance itself from US failure in the war. The new Labor leader admonishes the young Trots who spit on returning servicemen, recognising them as working-class heroes on par with returnees from other wars, deserving sympathy and support. This attracts conservative voters to Labor without alienating their base. Leftists reconcile to this by viewing Vietnam vets as victims of Yankee imperialism. 

At some point during 1973-4, with all those byelections, Bob Hawke enters Parliament and takes the fight to McMahon. The Liberals from NSW have proven themselves inadequate ministers, and the Vics are regrouping behind Malcolm Fraser after he reconciles with Gorton. Fraser challenges McMahon for the leadership 1974-5 - possibly wins, possibly doesn't.

Hawke leads Labor to government as a Wilson-style social democrat, doesn't challenge tariffs or fixed exchange rates (let alone, God forbid, centralised arbitration) and spends like a drunken sailor. 1979 oil shock buggers the economy again. Hawke embarrasses self, party and nation with booze/sex scandals.

The adherence to US/UK political cycles continues when the Liberals come back to government implementing Thatcher-Reagan-style policies, deregulating and privatising. No Medicare, no car industry either. Early 1990s: Labor comes back to office with a Blair/Clinton "third way" agenda, possibly including Medicare. We would now be governed by a Bush-style conservative government.</description>
		<content:encoded><![CDATA[<blockquote><p>What would’ve happened if Whitlam had lost the 1972 election?</p></blockquote>
<p>Can&#8217;t resist (sorry, Mercurius). </p>
<p>Old farts like Frank Crean and most of those who would have been ministers in the Whitlam government would have given it away/been tapped on the shoulder while their contemporaries in the Coalition would have stuck around, creating an effect similar to the isolation that happened after Bracks and Beattie retired leaving Howard looking not experienced but just too old.</p>
<p>1973: oil shock creates economic &#8220;perfect storm&#8221; that wrecks Liberal reputation for prudent economic management. Though the McMahon government has completed its withdrawal from Vietnam, it has failed to distance itself from US failure in the war. The new Labor leader admonishes the young Trots who spit on returning servicemen, recognising them as working-class heroes on par with returnees from other wars, deserving sympathy and support. This attracts conservative voters to Labor without alienating their base. Leftists reconcile to this by viewing Vietnam vets as victims of Yankee imperialism. </p>
<p>At some point during 1973-4, with all those byelections, Bob Hawke enters Parliament and takes the fight to McMahon. The Liberals from NSW have proven themselves inadequate ministers, and the Vics are regrouping behind Malcolm Fraser after he reconciles with Gorton. Fraser challenges McMahon for the leadership 1974-5 - possibly wins, possibly doesn&#8217;t.</p>
<p>Hawke leads Labor to government as a Wilson-style social democrat, doesn&#8217;t challenge tariffs or fixed exchange rates (let alone, God forbid, centralised arbitration) and spends like a drunken sailor. 1979 oil shock buggers the economy again. Hawke embarrasses self, party and nation with booze/sex scandals.</p>
<p>The adherence to US/UK political cycles continues when the Liberals come back to government implementing Thatcher-Reagan-style policies, deregulating and privatising. No Medicare, no car industry either. Early 1990s: Labor comes back to office with a Blair/Clinton &#8220;third way&#8221; agenda, possibly including Medicare. We would now be governed by a Bush-style conservative government.</p>
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		<title>By: Paul Norton</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465894</link>
		<dc:creator>Paul Norton</dc:creator>
		<pubDate>Mon, 12 May 2008 03:17:12 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465894</guid>
		<description>Here's another counter-factual question: what would have happened if Belinda Emmett had survived a year longer?

As I've commented elsewhere, it's a matter of historical irony that it was originally the environmental movement which put the argument that Federal Governments could leverage the Corporations power to legislate pretty much as they saw fit, in the context of arguing for a national Environmental Protection Authority.  Having noted that, it's also worth remembering that just because Federal Governments can legislate about just about anything on the basis of a High Court ruling doesn't mean that they will, that they will want to, or that they should.  If a State or local government has good policy machinery in place to handle an issue which is bound within State or local borders, and is handling it competently, there is nothing to be gained by Federal involvement for the hell of it (funding is another matter with VFIs, etc.).</description>
		<content:encoded><![CDATA[<p>Here&#8217;s another counter-factual question: what would have happened if Belinda Emmett had survived a year longer?</p>
<p>As I&#8217;ve commented elsewhere, it&#8217;s a matter of historical irony that it was originally the environmental movement which put the argument that Federal Governments could leverage the Corporations power to legislate pretty much as they saw fit, in the context of arguing for a national Environmental Protection Authority.  Having noted that, it&#8217;s also worth remembering that just because Federal Governments can legislate about just about anything on the basis of a High Court ruling doesn&#8217;t mean that they will, that they will want to, or that they should.  If a State or local government has good policy machinery in place to handle an issue which is bound within State or local borders, and is handling it competently, there is nothing to be gained by Federal involvement for the hell of it (funding is another matter with VFIs, etc.).</p>
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		<title>By: Mercurius</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465888</link>
		<dc:creator>Mercurius</dc:creator>
		<pubDate>Mon, 12 May 2008 03:05:51 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465888</guid>
		<description>1) There'd be a sequel to &lt;em&gt;Don's Party&lt;/em&gt;.

2) The 1998 ARIA award for &lt;em&gt;No Aphrodisiac&lt;/em&gt; would've gone to The McMahons.

3) The first thing that visitors to the National Gallery usually say wouldn't be "$2 million? I reckon I could paint &lt;em&gt;that&lt;/em&gt; for twenty bucks and a slab!"

4) There wouldn't be a statue of Al Grassby.

5) Jim Cairns and Junie Morosi could've conducted their affair as nature intended.

6) Mark Latham wouldn't have had the patronage to get preselected.

7) Maybe half of currently serving parliamentarians wouldn't have gone to university.

8. We wouldn't have to listen to RWDBs carry on and on and &lt;em&gt;on&lt;/em&gt; about the Whitlam years.

9) John Kerr would've drunk himself to death in peace.

10) "It's Time" would've entered the lexicon, not as a winning political slogan, but as an ironic piece of Aussie slang, viz:

Reg: "Reckon It's Time for a beer."
Vic: "I can't wait that bloody long!"

Mum: "C'mon kids, It's Time to go home."
Kids: "Yay! Mum said we can stay as long as we want!"

----
Hat-tip to Paul Burns for a worthy thread derailment.</description>
		<content:encoded><![CDATA[<p>1) There&#8217;d be a sequel to <em>Don&#8217;s Party</em>.</p>
<p>2) The 1998 ARIA award for <em>No Aphrodisiac</em> would&#8217;ve gone to The McMahons.</p>
<p>3) The first thing that visitors to the National Gallery usually say wouldn&#8217;t be &#8220;$2 million? I reckon I could paint <em>that</em> for twenty bucks and a slab!&#8221;</p>
<p>4) There wouldn&#8217;t be a statue of Al Grassby.</p>
<p>5) Jim Cairns and Junie Morosi could&#8217;ve conducted their affair as nature intended.</p>
<p>6) Mark Latham wouldn&#8217;t have had the patronage to get preselected.</p>
<p>7) Maybe half of currently serving parliamentarians wouldn&#8217;t have gone to university.</p>
<p>8. We wouldn&#8217;t have to listen to RWDBs carry on and on and <em>on</em> about the Whitlam years.</p>
<p>9) John Kerr would&#8217;ve drunk himself to death in peace.</p>
<p>10) &#8220;It&#8217;s Time&#8221; would&#8217;ve entered the lexicon, not as a winning political slogan, but as an ironic piece of Aussie slang, viz:</p>
<p>Reg: &#8220;Reckon It&#8217;s Time for a beer.&#8221;<br />
Vic: &#8220;I can&#8217;t wait that bloody long!&#8221;</p>
<p>Mum: &#8220;C&#8217;mon kids, It&#8217;s Time to go home.&#8221;<br />
Kids: &#8220;Yay! Mum said we can stay as long as we want!&#8221;</p>
<p>&#8212;-<br />
Hat-tip to Paul Burns for a worthy thread derailment.</p>
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		<title>By: Paul Burns</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465862</link>
		<dc:creator>Paul Burns</dc:creator>
		<pubDate>Mon, 12 May 2008 01:27:57 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465862</guid>
		<description>here's an intriguong counterfactual ro contemplate. 
What would've happened if Whitlam had lost the 1972 election?</description>
		<content:encoded><![CDATA[<p>here&#8217;s an intriguong counterfactual ro contemplate.<br />
What would&#8217;ve happened if Whitlam had lost the 1972 election?</p>
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		<title>By: steve at the pub</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465859</link>
		<dc:creator>steve at the pub</dc:creator>
		<pubDate>Mon, 12 May 2008 01:16:37 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465859</guid>
		<description>The high court needs their bum kicked for ever allowing the Workchoices case to get up.  What were they thinking?</description>
		<content:encoded><![CDATA[<p>The high court needs their bum kicked for ever allowing the Workchoices case to get up.  What were they thinking?</p>
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		<title>By: Andrew E</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465807</link>
		<dc:creator>Andrew E</dc:creator>
		<pubDate>Sun, 11 May 2008 21:36:26 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465807</guid>
		<description>Great post, Mercurius.

What counterfactual history does is enable you to sort the deeper, underlying trends from the short-term, transient and coinidental factors - puts Great Men in their place. That's why I disagree with Ambigulous@2. 

The strongest part of Mercurius' post was the fifth paragraph ("Meanwhile ... inflation low"). Rudd's businesslike approach in articulating an alternative vision to Howard, in contrast to the passionless meanderings of Beazley, was the circuit-breaker. Hannah's dad@3: Menzies was pretty much exhausted etc. by 1958, but history shows he had plenty more electoral victories in him.</description>
		<content:encoded><![CDATA[<p>Great post, Mercurius.</p>
<p>What counterfactual history does is enable you to sort the deeper, underlying trends from the short-term, transient and coinidental factors - puts Great Men in their place. That&#8217;s why I disagree with Ambigulous@2. </p>
<p>The strongest part of Mercurius&#8217; post was the fifth paragraph (&#8221;Meanwhile &#8230; inflation low&#8221;). Rudd&#8217;s businesslike approach in articulating an alternative vision to Howard, in contrast to the passionless meanderings of Beazley, was the circuit-breaker. Hannah&#8217;s dad@3: Menzies was pretty much exhausted etc. by 1958, but history shows he had plenty more electoral victories in him.</p>
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		<title>By: Marta Sáenz</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465800</link>
		<dc:creator>Marta Sáenz</dc:creator>
		<pubDate>Sun, 11 May 2008 19:24:23 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465800</guid>
		<description>"a whole variety of issues eg the environment, Iraq, anti social attitudes, racism, sexism/misogony, constant lying/spinning eg interest rates, and so on"

If they had ever mattered, Keating would never have lost</description>
		<content:encoded><![CDATA[<p>&#8220;a whole variety of issues eg the environment, Iraq, anti social attitudes, racism, sexism/misogony, constant lying/spinning eg interest rates, and so on&#8221;</p>
<p>If they had ever mattered, Keating would never have lost</p>
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		<title>By: Bilko</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465454</link>
		<dc:creator>Bilko</dc:creator>
		<pubDate>Sat, 10 May 2008 08:07:22 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465454</guid>
		<description>The libs are now living in that alternate reality normally reserved for Kirk,Spock et al</description>
		<content:encoded><![CDATA[<p>The libs are now living in that alternate reality normally reserved for Kirk,Spock et al</p>
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		<title>By: Klaus K</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465400</link>
		<dc:creator>Klaus K</dc:creator>
		<pubDate>Sat, 10 May 2008 02:22:09 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465400</guid>
		<description>The academic equivalent of allohistory is &lt;a href="http://en.wikipedia.org/wiki/Counterfactual_history" rel="nofollow"&gt;counterfactual history&lt;/a&gt;, which has &lt;a href="http://www.mup.unimelb.edu.au/catalogue/0-522-85174-6.html" rel="nofollow"&gt;recently&lt;/a&gt; become quite popular in certain circles. It is useful insofar as it can be used to evaluate conventional claims of historical significance, or highlight the possible significance of apparently insignificant events. At any rate, it's good for keeping historians busy after they've burnt out in the archives.</description>
		<content:encoded><![CDATA[<p>The academic equivalent of allohistory is <a href="http://en.wikipedia.org/wiki/Counterfactual_history" rel="nofollow">counterfactual history</a>, which has <a href="http://www.mup.unimelb.edu.au/catalogue/0-522-85174-6.html" rel="nofollow">recently</a> become quite popular in certain circles. It is useful insofar as it can be used to evaluate conventional claims of historical significance, or highlight the possible significance of apparently insignificant events. At any rate, it&#8217;s good for keeping historians busy after they&#8217;ve burnt out in the archives.</p>
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		<title>By: hannah's dad</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465393</link>
		<dc:creator>hannah's dad</dc:creator>
		<pubDate>Sat, 10 May 2008 01:30:05 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465393</guid>
		<description>The Coalition govt, led by Howard, was doomed. 
It had alienated itself from enough voters through a whole range of attitudes, policies and actions that as a whole package rendered it, to borow a phrase, 'out of touch with the majority of Australian people' and made defeat inevitable. Not just workNOchoices but a whole variety of issues eg the environment, Iraq,  anti social attitudes, racism, sexism/misogony, constant lying/spinning eg interest rates, and so on. Too many issues, too much arrogance, too many groups who were openly rejected by them. The people, enough of them, said 'too much, no more'. The popularity of Beazley in the opinion polls was evidence for the looming defeat. 
To win the electiion the Coalition would have had to get rid of so many policies, so many unpopular spokespesons, Abbott, ruddock, Costello, Andrews, reverse direction in so many ways they would no longer have been the Coalition, as Nelson is finding out. 
Rudd reaped what the Coalition sowed.</description>
		<content:encoded><![CDATA[<p>The Coalition govt, led by Howard, was doomed.<br />
It had alienated itself from enough voters through a whole range of attitudes, policies and actions that as a whole package rendered it, to borow a phrase, &#8216;out of touch with the majority of Australian people&#8217; and made defeat inevitable. Not just workNOchoices but a whole variety of issues eg the environment, Iraq,  anti social attitudes, racism, sexism/misogony, constant lying/spinning eg interest rates, and so on. Too many issues, too much arrogance, too many groups who were openly rejected by them. The people, enough of them, said &#8216;too much, no more&#8217;. The popularity of Beazley in the opinion polls was evidence for the looming defeat.<br />
To win the electiion the Coalition would have had to get rid of so many policies, so many unpopular spokespesons, Abbott, ruddock, Costello, Andrews, reverse direction in so many ways they would no longer have been the Coalition, as Nelson is finding out.<br />
Rudd reaped what the Coalition sowed.</p>
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		<title>By: Ambigulous</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465348</link>
		<dc:creator>Ambigulous</dc:creator>
		<pubDate>Fri, 09 May 2008 21:27:51 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465348</guid>
		<description>Defeat in the High Court?
It may have been so humiliating for PM Howard and his IR Minister (and Attorney-General, and Treasurer, et al), who would have been forced to justify their Act and argue against the Court; with various Labor Premiers chiming in; golden opportunity for ACTU bumper stickers, etc.

Shorter version provided by Katz: "tricky little manipulator who was less competent than he was evil."

Counter-factual above....? 
Beazley may well have stumbled over something else. For example, China looked like invading Taiwan early in 2007 (how could you forget that?!!) I mean, if you're gunna change the High Court decision, all bets are off.

Let's play by the rules: there are none.</description>
		<content:encoded><![CDATA[<p>Defeat in the High Court?<br />
It may have been so humiliating for PM Howard and his IR Minister (and Attorney-General, and Treasurer, et al), who would have been forced to justify their Act and argue against the Court; with various Labor Premiers chiming in; golden opportunity for ACTU bumper stickers, etc.</p>
<p>Shorter version provided by Katz: &#8220;tricky little manipulator who was less competent than he was evil.&#8221;</p>
<p>Counter-factual above&#8230;.?<br />
Beazley may well have stumbled over something else. For example, China looked like invading Taiwan early in 2007 (how could you forget that?!!) I mean, if you&#8217;re gunna change the High Court decision, all bets are off.</p>
<p>Let&#8217;s play by the rules: there are none.</p>
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		<title>By: Katz</title>
		<link>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465347</link>
		<dc:creator>Katz</dc:creator>
		<pubDate>Fri, 09 May 2008 21:16:59 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2008/05/10/would-judicial-activism-have-saved-the-howard-government/#comment-465347</guid>
		<description>Well, perhaps...

On the other hand Howard may have come across as the tricky little manipulator who was less competent than he was evil. The spin cycle on this counterfactual is not as clear as it may appear to be at first sight.

On the issue of judicial activism. Can a judge be considered to be a black-letter judge when she constructs a justification for a whole new IR regime based on a vast extension of the corporate powers provisions while at the same time ignoring a complete section of the Constitution which is specifically and explicitly devoted to establishing the machinery of Industrial Relations?</description>
		<content:encoded><![CDATA[<p>Well, perhaps&#8230;</p>
<p>On the other hand Howard may have come across as the tricky little manipulator who was less competent than he was evil. The spin cycle on this counterfactual is not as clear as it may appear to be at first sight.</p>
<p>On the issue of judicial activism. Can a judge be considered to be a black-letter judge when she constructs a justification for a whole new IR regime based on a vast extension of the corporate powers provisions while at the same time ignoring a complete section of the Constitution which is specifically and explicitly devoted to establishing the machinery of Industrial Relations?</p>
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