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'We need to be more focused on grace, Christ and God's word, rather than just on law, the Church and papal utterances. But today, I will draw more on law, the Church and the Pope to point us towards those more fruitful domains: grace, Christ and God's word. Our future visioning needs to focus more on the gospel imperatives including the option for the poor and the dignity of all persons, including those who are non-believers.' Address to Catholic Health Australia's Catholic Governance Symposium, 27 March 2017
ACTU secretary Sally McManus' comments about the rule of law have sparked a lot of chatter on news and social media. While the rule of law arguably does assume citizens will obey the law, it also assumes government will behave lawfully. Further, it might be argued that the rule of law encompasses the principled application of government power. In this respect, the Australian government is itself falling well below adhering to the rule of law. I offer Centrelink #notmydebt as a case study.
The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.
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.
Neither India nor Australia can go it alone when confronting a global issue such as climate change. India cannot disregard the effects on other nations when it adopts laws and policies for alleviating the poverty of the poorest of the poor. Australia cannot disregard the effects on other nations when it considers restricting the availability of resources for export such as coal which might help provide electricity for the world's poorest citizens.
'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.
'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.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
While once it was honourable to put your work first, it's now seen as a fool's errand. Not to say staff should discount their employer's interests, but put them in their proper place - important, yes, but not more important than health, for example, or family. Unions have built memberships on these kinds of ideas for decades. But the current movement is not so much about grouping together as it is about individuating: 'My particular needs are important, too.'
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.
'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.
On 7 July, South Australia experienced a cold snap. As residents turned on their heaters, the still and cloudy conditions meant wind and solar power couldn't contribute much to meeting electricity demand. The last coal plant had closed a few months before, pushed out of the market by renewable energy. As if on cue, the spot electricity price spiked. Instead of a lesson about the danger of too much wind power, it's about the danger of too much market power in the hands of a few big players.
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