Search Results: constitution

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  • INTERNATIONAL

    Progressives must stand firm in Trump's shadow

    • Fatima Measham
    • 09 November 2016
    19 Comments

    It didn't take long for me and other Filipino friends to be asked 'How do we Americans deal with this?' There is nothing soothing to say. Trump is not Duterte, of course, and there are differences in governance and law enforcement that (as yet) better protect Americans. But what I know is it is not the office that makes the person presidential. It is a waste of time to expect Trump to change. There will be no post-election unity, despite the conciliatory noises being made. And yet there is no choice but to endure.

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  • AUSTRALIA

    Seven warnings for Queensland as it considers a human rights act

    • Frank Brennan
    • 30 October 2016
    2 Comments

    'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.

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  • AUSTRALIA

    Stand with heroic Gillian Triggs

    • Moira Rayner
    • 24 October 2016
    55 Comments

    This damnable pursuit of Gillian Triggs must stop at once. Triggs is an outstanding independent statutory office holder, one of the many appointed by governments over decades to remind them of Australia's international human rights obligations and to oversee the functions of laws to mitigate social wrongs such as age, race, disability and sex discrimination in public arenas. But no government likes watchdogs on the moral and legal limits on its power.

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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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  • INTERNATIONAL

    Peace in Colombia heads into extra time

    • Antonio Castillo
    • 09 October 2016
    2 Comments

    Colombia has been on a massive political and emotional roller coaster. A peace accord to end the 52 years civil war was signed on 26 September, only to be rejected in a referendum on 2 October. A few days later President Juan Manuel Santos, whose referendum was rejected, received the 2016 Nobel Peace. All of this happened not in a hundred years, but in the space of a few weeks. Yet for those who know a bit about Latin American politics the defeat of Santos in the referendum was not unexpected.

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  • AUSTRALIA

    Being clear eyed and misty eyed about human rights and asylum seekers

    • Frank Brennan
    • 05 October 2016
    8 Comments

    Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.

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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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  • MEDIA

    History will pardon Snowden even if Obama won't

    • Binoy Kampmark
    • 21 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
    • 08 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
    • 05 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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  • INTERNATIONAL

    The cost so far of Filipinos' gamble on thug rule

    • Fatima Measham
    • 17 August 2016
    13 Comments

    I fret more than ever for friends and family in the Philippines. If life is so expendable, who can be safe? What if my brother-in-law is mistakenly identified as a drug 'pusher'? What if my dad goes to a cockfight and armed vigilantes do a drive-by? It is disheartening that many Filipinos seem to approve of Duterte's methods. This is the purge many had wanted. They see the current campaign as a necessary, painful transition to better things. They are wrong. Nothing personal, just history.

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  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 24 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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