In his recent interview with Capital Brief, Chief Justice Stephen Gageler said judicial legitimacy was about “the relationship between the exercise of judicial function and public confidence”.
“It starts with the judiciary itself, keeping in its lane," he said.
So, did Justice Michael Wigney stay in his lane this week with his decision in the Torres Strait climate change case?
Wigney explained that “matters of high or core government policy or politics” are off-limits for judges. Then he went on to pass judgment on which side of politics had done more on climate change.
Energy Minister Chris Bowen and Indigenous Australians Minister Malarndirri McCarthy quickly put out a statement pointing out the claim was filed in 2021, when the Coalition was in power.
