Search Results: High Court

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  • ARTS AND CULTURE

    Death and peach pies

    • Brian Doyle
    • 03 April 2016
    5 Comments

    His mum was the kind who baked more than one pie at a time and gave the extra pies away easily and casually. All I knew about her was the pies, because my friend brought in pies for birthdays and teachers' anniversaries and raffles and such at school. My friend said she was too cheerful, a remark I didn't understand. He said she was a different person after his dad died, but who wouldn't be after your spouse died at the kitchen table and got coffee all over the business section of the newspaper?

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  • AUSTRALIA

    Greens' senate reform spin is sweetened nonsense

    • Binoy Kampmark
    • 22 March 2016
    19 Comments

    The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.

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  • RELIGION

    Religious thought in sacred secular Australia

    • Frank Brennan
    • 21 March 2016
    6 Comments

    I offer no public judgment of Pell, and unlike many other commentators I'll await the findings of the royal commission. I have however been outspoken about his right to a fair hearing and natural justice, not because I am a priest but because I am a human rights lawyer who cares about the universal application of the rule of law. It is when a representative of institutional religion like Pell taps into the generic religious sensibility or moral consciousness that the real work of Australian religious thought is done.

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  • AUSTRALIA

    Cultures of accountability for clergy and celebrities

    • Andrew Hamilton
    • 09 March 2016
    24 Comments

    If we are to make institutions safe for children, we need not only hold to account people who have presided over unsafe places, but also to address a culture that protects silence at each level of organisations, preventing complaints being made and being reported. Clergy and celebrities must not be treated as different from others, entitled to have their bad behaviour ignored. They must be held accountable to the officers and regulations of the organisation in which they work.

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  • RELIGION

    Year of Mercy's opportunity for Aboriginal reconciliation

    • Frank Brennan
    • 06 March 2016

    'On his last two visits to Latin America, Pope Francis has focused on past and present relationships between indigenous peoples and their colonisers. This Jubilee Year of Mercy perhaps it could be a blessed moment for Aboriginal Australians and descendants of their colonisers to walk together through the Door of Mercy at the St Francis Xavier Cathedral, calling to mind the sins and endeavours of the past, the achievements and commitments of the present, and the hopes and aspirations of the future.' Fr Frank Brennan SJ, Lenten Talk, Norwood Parish, 3 March 2016

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  • AUSTRALIA

    Count the human cost of Australia's overseas mining interests

    • Fatima Measham
    • 06 March 2016
    3 Comments

    In 2012, a pregnant woman and two of her children were killed in their own home in Tampakan, on the southern Philippine island of Mindanao. Tampakan is the site of a new mine with Australian interests. The woman was the wife of a B'laan tribal leader agitating against the mine. Over recent years indigenous peoples of Mindanao been harassed, displaced and killed by militias, some allegedly with the imprimatur of the Philippine army. Much of this has passed without notice in Australia.

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  • RELIGION

    An unholy mess

    • Frank Brennan
    • 22 February 2016
    46 Comments

    McClellan and his fellow commissioners on the Royal Commission into Institutional Responses to Child Sexual Abuse have a daunting task in the next fortnight, according due process and natural justice to a high profile witness on the other side of the world who has been publicly labeled 'scum', 'buffoon' and a 'coward', being the subject of unauthorised leaks about uninvestigated complaints from a police service which itself is under scrutiny for its past cooperation with the witness and his Church.

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  • AUSTRALIA

    When it's right to break the law

    • Andrew Hamilton
    • 17 February 2016
    18 Comments

    It is common for people to break the law. People fail to move on when instructed by police, evade tax, drive too fast, keep silent about abuse, trespass on military facilities, and drive when drunk. Many people assert that it is never right to break a law duly enacted by the government. From this principle it follows that anyone offering sanctuary to people who seek protection in Australia is acting wrongly. This blanket condemnation of law breaking runs against our inherited moral tradition.

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  • AUSTRALIA

    Gospel brutality reborn in our harrowing of refugee children

    • Andrew Hamilton
    • 10 February 2016
    15 Comments

    The High Court decision on detention in Nauru came down just before the Christian season of Lent. It left the government free and determined to deport many young mothers and children to Nauru. For the mothers and children deportation will bring new trauma with renewed threat to their already precarious mental health. For the Australian public it again makes us ask what brutality, even to children, we are ready to tolerate. The savagery of this treatment is a suitable subject for Lenten reflection.

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  • INTERNATIONAL

    Offers of sanctuary brighten Australia's refugee dark age

    • Justin Glyn
    • 07 February 2016
    16 Comments

    Churches across Australia have made headlines by offering sanctuary to those who stand to be returned to Nauru following the High Court ruling, including 37 babies and a raped five-year-old whose attacker still resides there. In doing so, they have been rediscovering an old concept and reminding the government what refugee law was for in the first place. As in the Dark Ages, where the organs of the state are unable or unwilling to protect the vulnerable, it is the churches who are speaking out.

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  • AUSTRALIA

    No retrospective fix for traumatised refugees

    • Kerry Murphy
    • 04 February 2016
    6 Comments

    The practice of governments using the Parliament to change the law in order to win court cases is unfair, as only one party to a court case has the power to do this. The M68 case decided on Wednesday, which challenged the detention and transfer to Nauru of asylum seekers, was effectively won by the government because they changed the law retrospectively to make sure they would win. No retrospective fix will be possible for people who fled persecution only to face a punitive and hostile policy.

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  • AUSTRALIA

    High Court not the answer to Nauru depravity

    • Frank Brennan
    • 03 February 2016
    24 Comments

    Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?

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