The threat to the Westminster System of parliamentary democracy: the judiciary's replacement of parliament as lawmaker.

The greatest in quantity disconcerting outcome of the Mabo and native land title affair is that the High Court turn rounded the Australian system of parliamentary democracy topsy turvey by means of assuming the role of law maker in place of parliament. For the legal prudence laid down new principles for the nation that required novel legislation by parliament. It should have been the other way around. The matter should have been discussed by means of the elected parliament, laws passed, and the judicial branch plant to make judgments on these where required.

The Westminster combination of parts to form a whole of parliamentary democracy, inherited by dint of Australia, is fashioned like this: the