Search Results: constitution

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    Legislating for human dignity without being misty-eyed

    • Kate Galloway
    • 02 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
    • 29 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
    • 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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  • 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

    Greens' senate reform spin is sweetened nonsense

    • Binoy Kampmark
    • 23 March 2016
    19 Comments

    The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.

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  • RELIGION

    Religious thought in sacred secular Australia

    • Frank Brennan
    • 22 March 2016
    6 Comments

    I offer no public judgment of Pell, and unlike many other commentators I'll await the findings of the royal commission. I have however been outspoken about his right to a fair hearing and natural justice, not because I am a priest but because I am a human rights lawyer who cares about the universal application of the rule of law. It is when a representative of institutional religion like Pell taps into the generic religious sensibility or moral consciousness that the real work of Australian religious thought is done.

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  • AUSTRALIA

    Change is possible when democracy runs deep

    • Moira Rayner
    • 22 March 2016
    18 Comments

    When I received my invitation to 'lead' the Palm Sunday Walk for Refugees my first response was to ignore it. This was partly ego and partly disillusionment. It's true that in Melbourne at least 6000 people walked or struggled or strode along Spencer Street. But I no longer believe marches for huge national issues have any effect on local powerbrokers. I believe as Saul Alinsky said that the most powerful force for change is local activism on local issues and generational organisation from the grass roots up.

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  • AUSTRALIA

    Vacuous politics breeds vacuous politicians

    • Justin Glyn
    • 15 March 2016
    6 Comments

    The standard explanation for the rise of 'outsider' figures like Donald Drumpf in the US and Clive Palmer in Australia is that there is disillusion in democratic countries with 'politics as usual'. Neal Gabler has blamed the media for turning politics into celebrity theatre. While he has pinpointed the symptom, I suggest that he has it exactly the wrong way around. It is because politics has already been hollowed out to be a slanging match of personalities rather than ideas that vacuous celebrities can flourish.

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  • RELIGION

    Year of Mercy's opportunity for Aboriginal reconciliation

    • Frank Brennan
    • 07 March 2016

    'On his last two visits to Latin America, Pope Francis has focused on past and present relationships between indigenous peoples and their colonisers. This Jubilee Year of Mercy perhaps it could be a blessed moment for Aboriginal Australians and descendants of their colonisers to walk together through the Door of Mercy at the St Francis Xavier Cathedral, calling to mind the sins and endeavours of the past, the achievements and commitments of the present, and the hopes and aspirations of the future.' Fr Frank Brennan SJ, Lenten Talk, Norwood Parish, 3 March 2016

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  • AUSTRALIA

    Cardinal Pell, Safe Schools and the personhood of children

    • Moira Rayner
    • 04 March 2016
    40 Comments

    A feeding frenzy is afoot over the review of Safe Schools program. At the same time poor old George Pell is under attack for failing to observe that his Ballarat colleagues were prolifically enabling Ridsdale and other pedophiles to sexually abuse little boys. The prurient desire to control the sexual interests of others on the one hand, and on the other the gross failures by institutions to protect vulnerable children in their care, are sadly linked to an unwillingness to face the truth about human sexuality.

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  • AUSTRALIA

    Diagnosing the great Australian sickness

    • Andrew Hamilton
    • 03 March 2016
    9 Comments

    Who better to consult than Dr Hippocrates and his humours? Before Tony Abbott's deposition the choleric element dominated in Australia, full of sound and fury. This has been followed by the preponderance of the sanguine humour, expressing itself in that sunny optimism that makes light of problems. But more recent events suggest that the humours are again in chronic imbalance. The core weakness in the Australian constitution has not been removed with the accession of Malcolm Turnbull.

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