Search Results: constitution

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

  • ARTS AND CULTURE

    Inside Nauru nightmare

    • Tim Kroenert
    • 19 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
    • 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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  • INTERNATIONAL

    New Canadian and US laws revive euthanasia debate

    • Frank Brennan
    • 17 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
    • 10 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
    • 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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  • 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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  • 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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