Search Results: judiciary

  • AUSTRALIA

    Our first female High Court chief justice is first class

    • Moira Rayner
    • 30 November 2016
    10 Comments

    So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.

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  • INTERNATIONAL

    Left doesn't own the fight against racism

    • Irfan Yusuf
    • 15 November 2016
    8 Comments

    Cultural totalitarianism, embodied in Trump in the US and Hanson in Australia, is a major injustice of our age. To fight it effectively, we have to enter into coalitions with those whose opinions we otherwise find distasteful. An anti-racism rally with only leftwing speakers is not going to make as big an impact as one with speakers across the spectrum. To insist the fight against racism is necessarily a leftwing issue is in some ways its own form of cultural bigotry.

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  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 25 July 2016
    7 Comments

    Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

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  • INTERNATIONAL

    Cheque book solution on asylum is unconstitutional

    • Frank Brennan
    • 28 April 2016
    33 Comments

    A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.

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  • AUSTRALIA

    Sniff the rot in Australia's wobbly democracy

    • Justin Glyn
    • 20 April 2016
    9 Comments

    Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.

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  • AUSTRALIA

    Ruddock appointment thumbs nose at human rights

    • Justin Glyn
    • 15 February 2016
    7 Comments

    If Phillip Ruddock's appointment as Australia's first special envoy to the United Nations on Human Rights is about demonstrating the worthlessness of current international human rights protection structures (and the consequent hollowness of their criticisms of Australia), it is a rather short sighted one. Appointing a person with a weak record of upholding human rights in the area where Australia itself is weakest sends the unmistakable signal that Australia is no longer committed to the human rights project.

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  • AUSTRALIA

    2015 in review: Justice in recognition for Aboriginals

    • Frank Brennan
    • 15 January 2016
    9 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    A Human Rights Day tribute to the Northern Territory's Tony Fitzgerald

    • Frank Brennan
    • 10 December 2015

    I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.

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  • INTERNATIONAL

    Myanmar Mother Suu's moment in history

    • Amal Aung Zaw
    • 13 November 2015
    5 Comments

    The results resonate beyond the shores of Myanmar. The manner in which a fragile woman with the power of empty hands wrought a miracle, melting decades of totalitarian dominance, is the stuff of history. The world savours this moment as its own. This is the Gandhi moment, the Mandela moment of the 21st Century. In an era of ISIL killings and chronic violent wars in the middle east for 'democracy', a woman from the east has once again affirmed the moral superiority of non violence.

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  • AUSTRALIA

    Justice for Aboriginals grows out of recognition

    • Frank Brennan
    • 19 October 2015
    7 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.

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  • AUSTRALIA

    Why we aren't more shocked by Nauru revelations

    • Tim Robertson
    • 05 August 2015
    13 Comments

    The politicians have an excuse: they have vested interests. But what about the rest of us? Has the rape and torture of asylum seekers, many of them children, in institutions established at the behest of Canberra, become so commonplace that it no longer shocks? It's not that empathy is an emotion particularly lacking in Australia. But there remains a disconnect between 'us' and asylum seekers.

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