Gavin R. Putland,  BE PhD

Sunday, July 15, 2007 (Comment)

Haneef ‘charge’ unconstitutional

Excuse me! As Dr Mohamed Haneef is a citizen of India, and as his alleged “terrorist” crime — giving his unexpired phone card to his second cousin — was committed in the United Kingdom, why is he being charged under the Australian Criminal Code Act?

Although the Statute of Westminster gave the Australian Parliament the power to make laws with “extra-territorial operation”, it has always been understood that such operation would affect only Australian citizens. By charging Haneef, Australia is now asserting the power to make laws binding on non-Australians outside Australia.

By that logic, the Australian Parliament rules the world! Australian farmers don't like U.S. agricultural subsidies? No problem: the Australian Parliament will simply pass a law against them!

[First published at Reposted Aug.16, 2012.]

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