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Keywords: Separation Of Powers

  • INTERNATIONAL

    Different country, different culture (or how different legal systems view deal-making)

    • Frank Brennan
    • 12 October 2017

    In the 16th century it was the Dominican friars like Vitoria, Las Casas and Montesino in Salamanca who confronted the state and challenged public opinion about the rights of the indigenous peoples in Spain's newly colonised lands. Not even the most nostalgic and forgiving Jesuit would opine that the modern practitioners of Morality with a capital M challenging the powers of the market and the state would be found in a modern monastery.

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  • AUSTRALIA

    No minister is an island

    • Kate Galloway
    • 23 June 2017
    9 Comments

    Three Commonwealth ministers faced the Victorian Court of Appeal on 16 June to make submissions as to why they shouldn't be charged with contempt of court. This extraordinary occurrence arose because the ministers made public comments about a sentencing matter still under deliberation. Andrew Hamilton has in these pages looked at how the ministers' comments might offend the presumption of innocence. However, there is a further issue at stake - a question of good government.

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  • AUSTRALIA

    An inclusive Australia

    • Frank Brennan
    • 13 June 2017
    1 Comment

    This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 31 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • RELIGION

    Ensuring justice for all after the Royal Commission

    • Frank Brennan
    • 17 February 2017
    3 Comments

    The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.

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  • 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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  • INTERNATIONAL

    Progressives must stand firm in Trump's shadow

    • Fatima Measham
    • 10 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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  • 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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  • 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

    Sniff the rot in Australia's wobbly democracy

    • Justin Glyn
    • 20 April 2016
    9 Comments

    Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.

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  • Demanding justice for the small, still voices

    • Shannon and Kateena
    • 12 June 2015
    1 Comment

    'In chapter 12 "Respecting Autonomy and Protecting the Vulnerability of the Dying", Frank quoted my grandmother ... "Well there is not much to say about euthanasia is there? Just don't kill people and look after them while they are dying. What more can you say?" Well Grandma, I am not certain that I share your view. Just as Pope Francis did not know all the answers at age 36 years, neither do I.' Frank Brennan's nieces Shannon and Kateena help launch his new book Amplifying That Still, Small Voice.

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  • AUSTRALIA

    Australian citizenship as a political plaything

    • Kerry Murphy
    • 29 May 2015
    4 Comments

    The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.

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