Keywords: Constitutional Recognition
-
AUSTRALIA
- Andrew Hamilton
- 30 June 2017
11 Comments
The theme of the week is 'Our Languages matter'. It lies at the heart of the Uluru statement. It also poses questions about the way in which we conceive our identity as a nation. In Australia we communicate in many languages. English is the language of business and public life, but many other languages, both Indigenous and introduced, are the primary languages of groups of Australians. Language is much more than a means of communication. It is an emblem of our tribe. It shapes how we interact.
READ MORE 
-
AUSTRALIA
- Frank Brennan
- 31 May 2017
19 Comments
The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?
READ MORE
-
AUSTRALIA
- 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.
READ MORE
-
AUSTRALIA
- Celeste Liddle
- 23 January 2017
27 Comments
For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.
READ MORE
-
ENVIRONMENT
- 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.
READ MORE
-
AUSTRALIA
- Frank Brennan
- 13 October 2016
2 Comments
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.
READ MORE
-
RELIGION
- 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.
READ MORE
-
AUSTRALIA
- Bronwyn Lay
- 09 September 2016
17 Comments
When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.
READ MORE
-
RELIGION
- Frank Brennan
- 06 September 2016
23 Comments
Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.
READ MORE
-
AUSTRALIA
- Celeste Liddle
- 22 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.
READ MORE
-
AUSTRALIA
- Kate Galloway
- 18 May 2016
19 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.
READ MORE
-
ENVIRONMENT
- 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.
READ MORE