"No court could apply and no government could administer two parallel systems of law, especially if they reflect - as they inevitably would reflect - different fundamental standards," he said.
To do so would result in two legal systems and confirm dual cultures, Sir Gerard said during a lecture in honour of the former law professor Hal Wootten at the University of NSW.
"The democratic principle prescribes that the culture of the majority is determinative of the legal structure," he said. In Islamic law, he said - quoting the president of the Abu Dhabi Supreme Court - customs and legal reasoning had to agree with the Koran. But in Australian common law there was a gap between the requirement of the law and individual moral standards.
"We call that gap 'freedom' and it allows Australian law to protect the cultural moral values of our minorities," he said. (Continue Reading.)
Friday, August 24, 2012
Australian Judge Sir Gerard Brennan Says Sharia Incompatible with Democratic Principles
Judge Brennan must be either a racist, Islamophobic bigot, or someone who recognizes the obvious. I'm going with the latter.