Search Results: constitutional recognition

  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 28 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
    • 13 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
    • 23 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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  • MEDIA

    History will pardon Snowden even if Obama won't

    • Binoy Kampmark
    • 22 September 2016
    9 Comments

    The relationship between the whistleblower and journalism has not always been a neat one. The tendency for symbiosis to become positively vengeful is evidenced in the Washington Post stance on Edward Snowden's whistleblowing activities. Having scooped up a Pulitzer working on the Snowden findings, the paper got nasty. There was little need for the paper to wade into these waters, but the editors obviously felt so strongly about Snowden it went for the jugular with seething conviction.

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  • AUSTRALIA

    Treaty holds the key to robust environmental law

    • Bronwyn Lay
    • 09 September 2016
    17 Comments

    When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.

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  • RELIGION

    Plebiscite the only way forward for Turnbull on marriage equality

    • Frank Brennan
    • 06 September 2016
    23 Comments

    Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.

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  • AUSTRALIA

    Shorten's treaty talk reflects impact of Indigenous activism

    • Celeste Liddle
    • 22 June 2016
    8 Comments

    For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.

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  • AUSTRALIA

    Recognition or treaty ... Why not both?

    • Kate Galloway
    • 18 May 2016
    18 Comments

    Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.

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  • ENVIRONMENT

    Depp dog stunt distracts from real ecological violence

    • Bronwyn Lay
    • 21 April 2016
    15 Comments

    In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.

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  • AUSTRALIA

    Patrick Dodson's Senate mandate

    • Frank Brennan
    • 15 April 2016
    21 Comments

    The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.

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  • AUSTRALIA

    Don't be disheartened by dismal Close the Gap reports

    • Myrna Tonkinson
    • 16 February 2016
    3 Comments

    Last week, Malcolm Turnbull presented the eighth annual Prime Minister's Report on the government's Close the Gap campaign. The Close the Gap Campaign steering committee also released its 2016 progress and priorities report. While the reports identify modest gains, overall the gaps remain wide the words 'target not met' recur throughout. The results are disheartening but should strengthen the resolve of all concerned to set realistic goals, with consultation at local levels.

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  • AUSTRALIA

    Republican Turnbull must lead, not wait

    • John Warhurst
    • 02 February 2016
    22 Comments

    It is understandable that Turnbull sees no benefit in a second heroic failure caused by moving too soon. But political leaders who wait for overwhelming popular support are self-serving, because top-down support is needed for success. While January brought unprecedented approval from political leaders and the support of the Australian of the Year, the Australian Republican Movement must continue to be energetic and ambitious, and meet Turnbull's challenge to become still larger and more popular.

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