Time for true autonomy
Club Grubbery Media - with hosts Graham Hood (“Hoody”) and Johnny Larter featuring guest professor Bruce Pardy
In a discussion about the legal implications of COVID-19 governance, Professor Bruce Pardy reveals the ways in which the doctrine of mootness has been exploited by governments to evade judicial scrutiny. He explains that by changing rules before a court can hear a challenge, governments can render cases moot, preventing legal resolution of important issues. The legal system often operates under the guise of authority rather than truth, argues Prof. Pardy, meaning that decisions are made based on the discretion of officials rather than objective facts. He criticizes the reliance on authority to define the public interest, arguing that this undermines individual autonomy and the rule of law. The conversation also touches on the erosion of constitutional rights during the pandemic, particularly regarding bodily autonomy and the closure of borders, which has led to significant public frustration and calls for reform. The discussion moves to the Alberta separatist movement, noting the complexities and differing opinions within the community about what an independent Alberta would look like, particularly regarding the desire for freedom versus the retention of a socialized healthcare system.
Prof. Pardy calls for the need for a new approach to governance that prioritizes individual autonomy and genuine representation, rather than relying solely on traditional democratic processes. Prof. Pardy’s proposed new constitutional framework for Alberta fundamentally alters the distribution of power between the state and its citizens. Instead of granting the state unlimited power with specific exceptions, the professor’s constitution would limit the state’s authority to only a few defined functions: maintaining peace, resolving disputes, and protecting the country. This approach, he says, would eliminate the need for constitutional rights as exceptions to state power, thereby fostering true individual freedom by preventing government overreach.
Club Grubbery Media is an Australian independent media organisation that produces a podcast focused on interviews and discussions about current affairs, politics, and legal matters in Australia, often with a critical perspective on government actions and mainstream narratives.
Bruce Pardy is executive director of Rights Probe and Professor of Law at Queen’s University.
