Search Results: constitutional recognition

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  • AUSTRALIA

    Lawyers the last line of defence for dumped refugees

    • Kate Galloway
    • 30 August 2017
    7 Comments

    It is true that lawyers, in doing their work, have interrupted the government's agenda of attempting to deny the humanity of asylum seekers. However, it goes to the heart of our system of governance that power is exercised within lawful boundaries. It is therefore ironic that the Minister, whose own powers are circumscribed by the Australian Constitution, and who is looking for an easy workaround, should criticise lawyers for being 'tricky'.

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  • RELIGION

    Citizenship and the Common Good

    • Frank Brennan
    • 29 August 2017
    6 Comments

    'There was one controversy in which Lionel Bowen was involved that does provide good lessons for the contemporary Catholic considering the desirable law or social policy on a contested issue - lessons for the citizen weighing what is for the common good. Back in 1979 there was debate in the Parliament on a motion which was framed to stop Medicare funding of abortions. Bowen, a strict Catholic, was strongly opposed to the motion. He did not think the motion was about abortion. He thought it was about money.' Frank Brennan's 2017 Lionel Bowen Lecture

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  • AUSTRALIA

    Countering Graham Richardson's Balgo claims

    • Brian McCoy
    • 27 August 2017
    20 Comments

    Richardson said that during a visit to Balgo, 'The real shock was that the women could not leave the children at home with the men because sexual assault was so common.' Community members find it very difficult to discuss publicly issues of shame involving others with whom they closely live. It takes time to build up trust.

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  • INTERNATIONAL

    Obamacare not in 'death spiral' because people value it

    • Lesley Russell
    • 22 July 2017
    6 Comments

    Obamacare, although imperfect, was soundly constructed and thoughtfully implemented. It has withstood constitutional challenges and survived endless Congressional votes to repeal and amend it. Republicans talk only about its problems and the Trump Administration has worked hard to sabotage it further, but the fact is that Obamacare is not in a 'death spiral'. It is working surprisingly well.

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  • AUSTRALIA

    Awaiting the Referendum Council in NAIDOC Week

    • Frank Brennan
    • 03 July 2017
    6 Comments

    It is no disrespect to those Aborigines and Torres Strait Islanders gathered at Uluru to say that now is the time for the report of the Referendum Council to be scrutinised by our national politicians, and that our elected leaders should pay special heed to the observations of those Indigenous members of the federal parliament who have offered considered reflections on the way forward. In particular, our elected representatives should have regard to the views of Patrick Dodson who is now Bill Shorten's Shadow Assistant Minister for Indigenous Affairs and Aboriginal and Torres Strait Islanders.

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  • AUSTRALIA

    NAIDOC: Languages matter because people matter

    • Andrew Hamilton
    • 29 June 2017
    11 Comments

    The theme of the week is 'Our Languages matter'. It lies at the heart of the Uluru statement. It also poses questions about the way in which we conceive our identity as a nation. In Australia we communicate in many languages. English is the language of business and public life, but many other languages, both Indigenous and introduced, are the primary languages of groups of Australians. Language is much more than a means of communication. It is an emblem of our tribe. It shapes how we interact.

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  • AUSTRALIA

    Uluru: take time to get this right

    • Frank Brennan
    • 30 May 2017
    19 Comments

    The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 30 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • AUSTRALIA

    Why I don't support changing the date of Amnesia Day

    • Celeste Liddle
    • 22 January 2017
    27 Comments

    For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.

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  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 27 November 2016

    'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 12 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • RELIGION

    Religious freedom in an age of equality

    • Frank Brennan
    • 22 September 2016
    18 Comments

    'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.

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