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In a party in which conservatives are dominant, life is rarely easy for centrist Liberals. They are a cultural minority within their own party and can be criticised for rocking the boat when their party is on a roll. Those who are further to the left, including Labor and the Greens, should not just hope that the Liberal Left is heard loud and clear, but they should respect and nurture this strand of liberalism.
The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.
The US Supreme Court and our newly installed Prime Minister have put their weight behind legal recognition of same sex marriage. In California alone there are already 40,000 children who are being brought up by same sex couples. In this debate we need to be mindful of the wellbeing and dignity of these children as well as the unknown number in future who will be created in a test tube.
Gillard is the most prominent woman in our country. She has been repeatedly humiliated, disparaged and ridiculed for that very reason. We may criticise her decisions, but always aware of the context in which they were made, which is dangerously toxic. Her courage under pressure is astonishing, but we ought to despair at her party which is willing itself into annihilation by adding more poison.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
'If my mob were to arrive by boat today uninvited, they would be sent to Papua New Guinea. 150 years ago, the traditional owners helped my ancestors and their fellow passengers to find safe anchorage so that they might settle here permanently calling Australia home.' Frank Brennan speaks on 'Eddie Mabo's legacy of equality, non-discrimination and agreement', Mabo Oration Response at the Playhouse, Queensland Performing Arts Centre, 21 July 2013
At its best local government lifts the vision of its people from NIMBY-ism and road maintenance to a sense of community and attachment. But Australians are now so disengaged from politicians state and federal that the timing of Gillard's announcement of a referendum on local government could do more harm than good.
If the states give Gillard's Gonski education proposals the thumbs-down, as is expected to happen at Friday's COAG meeting, it will not be the first time since Labor's return to office in 2007 that Australia's creaking constitutional arrangements have made fundamental reform impossible.
Given the opinion polls and divisions in Labor, it's no surprise Abbott is confidently preparing his team for government. Anything he says about constitutional change therefore carries weight. Advocates for constitutional recognition of Indigenous Australians would be heartened then by two of his recent speeches.
Frank Brennan's address 'Recognising Aboriginal and Torres Strait Islander People in the Constitution' presented at the 18th National Schools Constitutional Convention, The Museum of Australian Democracy at Old Parliament House, 21 March 2013.
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