Towards a Just Society - Beyond the Spin

16 October 2002
Julian Burnside QC

Abstract

Australians have a traditional instinct for a fair go. It is one of the core values of our society. In the past this has been reflected in our concern for the underdog, the battler. Does government policy reflect these values any more?

Has Australia abandoned these values, whilst maintaining the rhetoric of a fair go for all? Australia's treatment of refugees in the past decade stands in stark contrast with our stated ideals; reform of workplace relations has led to increased vulnerability and marginalisation; yet all the while the government maintains the rhetoric of a fair go. The government has made unprecedented attacks on the Judiciary and has politicised the public service, yet it claims to be dedicated to justice and democracy.

Australia’s core values

In Australia, we pride ourselves for our human rights record. Here is a prominent Australian speaking in November 2000:

“I want to talk about the centrality of human rights to our foreign policy bjectives, and our decision to make effectiveness the guiding principle of our actions. ...

The second reason for our distinctive approach to human rights has more to do with an Australian way of doing things. Our approach is pragmatic but it is also firmly rooted in an ideological commitment to liberal democratic ideals. I believe this blend of the practical and the  idealistic very much reflects the character of Australia. A separate public forum could no doubt be dedicated to discussing what core Australian values are - or if they even exist - in the year 2000. Personally, I have no qualms in saying that one of our abiding values is that of a fair go for all.

Australians care about human rights because they believe strongly in a fair go, they support the underdog and they take particular exception to abuses of power. They see justice and human dignity as the self-evident right of all people. They also prefer to cut through the rhetoric and do something useful…."

A fair go for all is probably as close as we get, in Australia, to a shared core value. In addition, a fair go is a minimum requirement for - or perhaps a natural product of - a just society. Fairness is an indispensable element of justice.

In principle, a just society is one where, at the very least, everyone gets a fair go. In practice this is difficult to achieve. It is difficult for at least 2 reasons. First, it is often the case that your gain is my loss, so in order to give me a fair go you have to sacrifice something you value. Experience suggests that many people have more enthusiasm for their own rights and interests than for those of others. So, if the rich must pay more tax to relieve the homeless, the rich might be less inclined to speak out against homelessness.

Second, those rights and interests most need protection are almost always the voiceless, the powerless, the marginal. Their interests can only be protected by those who have a voice, and who have the material or intellectual capacity needed for the task. They are almost always from that part of society whose fundamental rights are rarely threatened; people for whom society offers justice.

Although Australia is, in many ways, dedicated to the ideals of a just society, I believe we have developed some unfortunate blind spots: specifically in the areas of workplace reform and refugee policy. The blind spots have been induced largely by the government presenting matters in a way which appeals to the self-interest of those whose rights or interests are not in question.

Incidentally, the prominent Australian who uttered those fine words about a fair go was the Minister for Foreign Affairs, Alexander Downer.