keywords: High Court

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    Dyson Heydon and the PM's quest for political purity

    • Binoy Kampmark
    • 25 August 2015
    14 Comments

    The spectacle is a strange one. Heydon has to rule on an application that directly concerns his own fitness to be in the position. It recalls the situation Lord Hoffmann found himself in after his links with Amnesty International perceptibly compromised his views on extraditing Chile's former military ruler Augusto Pinochet. Even the best jurists can fall foul of the bias rule.

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  • AUSTRALIA

    'Vigilante' applies to the government more than environmentalists

    • Fatima Measham
    • 24 August 2015
    10 Comments

    The epithets used against environment groups have been extraordinary after a judge of the Federal Court set aside Environment Minister Greg Hunt's approval of the Adani thermal coal mine. Perhaps legislation has always been an instrument for ideological agendas, but the compulsion and ease with which the Coalition has taken to the law to restrict scrutiny doesn't bode well for us. 

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  • INTERNATIONAL

    The ins and outs of a regional solution for refugees

    • Samuel Tyrer
    • 06 August 2015
    21 Comments

    The Expert Panel on Asylum Seekers of 2012 said 'a regional cooperation and protection framework' should shape policymaking. Support for a regional solution also exists among academics and NGOs such as the Refugee Council of Australia. So what would such a framework look like? And when the time comes, will Australia be prepared to lead the way by increasing resettlement numbers?

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  • AUSTRALIA

    Political donations reform is not so easy

    • Jack Maxwell
    • 29 July 2015
    5 Comments

    Political donations give privileged access to powerful public officials to those who are wealthy. But public funding does little to reduce parties’ reliance on private money and radical control measures can fall foul of the Constitution. A 2013 High Court judgment finding that a ban on donations infringed the constitutional freedom of political communication.

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  • AUSTRALIA

    The problematic 'saving lives at sea' argument

    • Kerry Murphy
    • 28 July 2015
    35 Comments

    When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.

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  • INTERNATIONAL

    The depths of common cause between Australia and Nauru

    • Justin Glyn
    • 14 July 2015
    3 Comments

    In an impressive demonstration of how the revocation of citizenship can be made to work to defend the national reputation and lifestyle of a country against those who would wish it harm, five of the country's seven opposition MPs (in a 19 member Parliament) have had their passports cancelled for 'damaging the reputation and development of the country'. In Australia, at least for the moment, damaging of Government property will still be required for the Minister of Immigration and Border Protection to revoke citizenship under the new anti-terror provisions in s.35A of the Citizenship Act.

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  • AUSTRALIA

    The limits to private ownership of property

    • Samuel Tyrer
    • 08 July 2015
    9 Comments

    Private property rights are one of the few rights expressly protected under the Australian Constitution, but broader societal interests must be taken into consideration. Compulsory acquisition of land for the greater public good has always been a fact of life for property owners. France is currently enacting laws to force supermarkets to give their unsold consumable food 'property' to charities. 

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  • AUSTRALIA

    The US Supreme Court's gay marriage overreach

    • 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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