Search Results: constitution

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  • AUSTRALIA

    Shorten's treaty talk reflects impact of Indigenous activism

    • Celeste Liddle
    • 21 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

    'Elitist' democracy not the answer to Trumpism

    • Jeff Sparrow
    • 07 June 2016
    9 Comments

    Will Clinton defeat Trump? Perhaps - but the polls already show him doing far better than anyone expected. More importantly, an electoral loss might mean the end of Donald Trump but it won't destroy Trumpism. The constituency into which the Donald has tapped will almost certainly grow under the administration of a corporate Democrat like Clinton, even if it manifests in a different form. And what then? How much larger and heftier will the barriers against the popular will have to become?

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  • AUSTRALIA

    A closer look at the AFP's shady Labor raid

    • Justin Glyn
    • 31 May 2016
    14 Comments

    It has puzzled me that the constitutional implications of the AFP's raid on the offices of the official opposition and one of its senators two weeks ago has not been explored in more detail. The uncomfortable fact is that the leaks about which NBN Co is complaining are not damaging because they relate to competition nor to national security, but because they expose cost overruns and reflect badly on the government of the day - the same government which holds all the shares in NBN Co.

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  • AUSTRALIA

    Reflecting on justice for asylum seekers during an election campaign

    • Frank Brennan
    • 29 May 2016
    5 Comments

    'Being in the middle of an election campaign, I will not be making any partisan party political points. However being here in the bellwether seat of Eden-Monaro, I will conclude with a critique of both major political parties, and with one piece of political advice for citizens of goodwill seeking a national asylum policy more in harmony with the ideals set out by our bishops in their social justice statement.' Yass Catholic Parish Potluck Dinner, 28 May 2016

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  • ARTS AND CULTURE

    Inside Nauru nightmare

    • Tim Kroenert
    • 18 May 2016
    4 Comments

    With PNG's Supreme Court finding last month that the detention of asylum seekers on Manus Island was unconstitutional, the shamefulness of Australia's border protection policies was once again laid bare. Advocates will be familiar with the facts and arguments that Chasing Asylum articulates. What sets it apart is its wealth of hidden camera footage caught within the grim confines of the centre on Nauru, and Orner's conversations with detainees and social workers who bore witness to the dire daily reality there.

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  • AUSTRALIA

    Recognition or treaty ... Why not both?

    • Kate Galloway
    • 17 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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  • INTERNATIONAL

    New Canadian and US laws revive euthanasia debate

    • Frank Brennan
    • 16 May 2016
    30 Comments

    Once the state legislates to permit assistance with the suicide of a dying, suffering, mentally competent person, the door could well be opened to those who agitate a right to kill and not just a liberty to assist with suicide, and that door could be pushed open onto a class of patients which ultimately will include those who are not dying at all That door is now wide open in Belgium and the Netherlands, while he Canadian Parliament is trying to place appropriate limits. I'm for keeping that door firmly shut.

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  • AUSTRALIA

    Anna Burke: 'It's time for a rational debate about refugees'

    • Di Cousens
    • 09 May 2016
    26 Comments

    'We have now got a world wide refugee problem. We don't have one here but we do have one world wide. It is now time to start having a rational debate about what we do with these people as opposed to playing the race card.' Interview with Anna Burke, who has represented the seat of Chisholm in the House of Representatives for the ALP since 1998. Burke is the former Speaker of the House (2012–2013), and has been a consistent advocate for asylum seekers. She will retire at the next election.

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  • AUSTRALIA

    Legislating for human dignity without being misty-eyed

    • Kate Galloway
    • 01 May 2016
    23 Comments

    I have often wondered at the likely success of entreaties to compassion for asylum seekers. This is not because I do not personally feel compassion for these people. And it is not because I do not believe that it is morally correct to show compassion, including through government policy. Rather my response is partly a factor of my training as a lawyer. Through my legal eyes, I can see little hope for appeals to politicians to show compassion. My conditioned response instead is to appeal to law.

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  • INTERNATIONAL

    Paying for stopping the boats

    • Kerry Murphy
    • 28 April 2016
    9 Comments

    This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.

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  • INTERNATIONAL

    Cheque book solution on asylum is unconstitutional

    • Frank Brennan
    • 27 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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  • ENVIRONMENT

    Depp dog stunt distracts from real ecological violence

    • Bronwyn Lay
    • 20 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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