Keywords: Courts
There are more than 200 results, only the first 200 are displayed here.
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AUSTRALIA
- Frank Brennan
- 03 July 2015
75 Comments
In its determination that same sex couples have a constitutional right to marry, the US Supreme Court took it upon itself to discover a definitive answer in the silent Constitution on this contested social question. This is regrettable, because there can be no doubt that the democratic process was taking US society in only one direction, and the Court's unilateral intervention has reduced the prospects of community acceptance and community compromise regarding the freedom of religious practice of those who cannot embrace same-sex marriage for religious reasons.
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AUSTRALIA
Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.
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AUSTRALIA
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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AUSTRALIA
- Justin Glyn
- 21 April 2015
15 Comments
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
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INTERNATIONAL
- Maureen O'Brien
- 01 April 2015
43 Comments
Judgmental attitudes towards women who are victims of male violence are never far from the surface. A crass example occurred recently when a priest suggested to his congregation that if rape-murder victim Jill Meagher had been more ‘faith-filled’ she would have been home instead of out late on the night when she was raped and murdered. There is greater public moral outrage when acts of violence are committed against women considered 'virtuous' than others such as sex industry workers.
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AUSTRALIA
- Mathew Drogemuller
- 31 March 2015
6 Comments
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
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- Brian McCoy
- 25 February 2015
2 Comments
I have witnessed Aboriginal payback. It was in the Kimberley on an open sports oval. A young girl from the community had been found killed and I watched the community's desire to re-balance itself with the serious and public punishment of the offender. The whole community was present as the family of the deceased took it in turns to beat his back and stab his thigh. It was one of the most highly charged emotional events I have ever experienced.
At the end, after all the punishment, he fell. The nurses took him into the health clinic and he was later evacuated to hospital. After the ritual was over I remember speaking to the father of the young girl. 'I want to kill him', he said. 'But even that will not remove your pain', I replied. His hurt was raw and tangible and nothing seemed able, at that time, to even get close to healing it. Read more
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AUSTRALIA
- Kerry Murphy
- 13 February 2015
23 Comments
Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.
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AUSTRALIA
- Frank Brennan
- 02 February 2015
20 Comments
The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.
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AUSTRALIA
- Frank Brennan
- 09 December 2014
27 Comments
What a dreadful year it has been for parliamentary democracy. Speaker Bronwyn Bishop has taken pride in the number of members she has ejected. Senator David Leyonhjelm has introduced his same sex marriage bill in an orderly fashion, but the decision will rest with the Abbott Government, which won't want to to hand the bouquet for breaking the logjam to Leyonhjelm. To get arrangements for the bearing and nurturing of children right, we need our parliament to be a more considered and dignified place than a battlefield.
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AUSTRALIA
- Paul Begley
- 26 November 2014
9 Comments
It's easy to be swayed in our assessment of people's professional competency by whether we find their private opinions and behaviour to our liking. Individuals like Sydney University Professor of English Barry Spurr and former Speaker of the House of Representatives Peter Slipper have had their reputations as professionals trashed even though their performance in their job has been rated highly.
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RELIGION
- Vic O'Callaghan
- 17 November 2014
15 Comments
Total focus on designing the right professional standards policy could be creating a hole, where all that is heard is a droning 'let's move on' message. Where are the stories of people gathering to help mend and heal themselves and the victims of this horrific episode in our history?
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