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Keywords: High Court

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

  • AUSTRALIA

    Devaluing freedom

    • Andrew Hamilton
    • 29 September 2022
    8 Comments

    Recently many people have expressed disquiet about the trend to authoritarian rule throughout the world. They have good reason for doing so. In the world we are entering, the freedom of citizens in the State depends on the will of Governments that will have no enforceable obstacle to withdrawing such freedoms on suspicion of future misconduct and not just for punishment of past, proven misconduct. 

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  • INTERNATIONAL

    The empty echo chamber: A conversation with Dr Axel Bruns

    • David Halliday, Axel Bruns
    • 22 September 2022

    Despite our differing social and cultural beliefs, we can mostly agree that we live in highly polarised times. But what divides us? ARC Laureate Fellow Prof. Axel Bruns studies social polarisation, and in this discussion we explore the drivers of polarisation, examining the role that digital and social media and broader social and political contexts play in intensifying social conflicts, threatening economic prosperity, undermining public trust, and ultimately destabilising societies.

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  • AUSTRALIA

    The Morrison shadow government and the romantics of convention

    • Binoy Kampmark
    • 01 September 2022
    8 Comments

    The most striking note in the tempestuous outrage regarding Scott Morrison’s self-appointment (technically, appointment with the Governor-General’s approval) to five ministerial portfolios other than his own, is the search for the illegal. Such a search is fruitless in a system that thrives on the principle of convention, perennially uncodified and therefore susceptible to breach.

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  • AUSTRALIA

    The Path to a Referendum: From Uluru via Garma to Canberra and on to the People

    • Frank Brennan
    • 17 August 2022
    2 Comments

    We need to be able to do more than simply give notional assent to the Uluru Statement. We need to be able to contribute to the hard thinking and difficult discussions to be had if the overwhelming majority of our fellow Australians are to be convinced of the need for a Voice in the Constitution.

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  • AUSTRALIA

    Discovery or cover-up?

    • Andrew Hamilton
    • 11 August 2022
    9 Comments

    Much has recently written about the doctrine of discovery and its bearing on the treatment of Indigenous peoples, particularly in the United States where it grounded an early legal decision. The doctrine enshrined in law claims that the discovery of underpopulated and cultivated lands conferred on the discoverers the right to ownership, and was used to justify colonial occupation of territory in the Americas, Asia and Africa.

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  • INTERNATIONAL

    The UK decision to extradite Assange

    • Binoy Kampmark
    • 19 July 2022
    3 Comments

    The only shock about the UK Home Secretary’s decision regarding the extradition of Julian Assange was that it did not come sooner. In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the solemn view that he was ‘duty-bound’ to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917, and one based on computer intrusion.

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  • INTERNATIONAL

    America after Roe v Wade

    • Chris Middleton
    • 05 July 2022
    17 Comments

    The overruling of the Roe v Wade decision by the Supreme Court in the Dobbs decision marks a significant moment in the abortion debate, while highlighting the deep fissures in America’s body politic. Despite the fact that the Supreme Court ruling had been foreshadowed months ago, the shock has been real.

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  • AUSTRALIA

    The justice of Sir Francis Gerard Brennan

    • Michael Kelly
    • 16 June 2022
    3 Comments

    The Court in Mabo, where Brennan J led majority, put an end to the notion of Terra Nullius, by which the British could claim that land in Australia was ripe for the picking because it belonged to no one, and opened the claims to land ownership to a much wider group including the traditional owners. The follow-up judgement in Wik took that understanding even further.

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  • AUSTRALIA

    Election 2022: The value of independents

    • Binoy Kampmark
    • 21 April 2022
    7 Comments

    Few sights are more desperate than old political parties on the run. In this Australian federal election, the challenge from independents and smaller parties has sparked a nervous reaction, much of it negative and most of it misplaced.

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  • AUSTRALIA

    Climate change and duty of care

    • Binoy Kampmark
    • 07 April 2022
    10 Comments

    The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.

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  • ECONOMICS

    How will Russia sanctions impact the global economy?

    • David James
    • 22 March 2022
    5 Comments

    Russia’s invasion of Ukraine has led to severe financial sanctions being imposed on the country that are likely to have lasting consequences. Problem is, they may not be the ones the sanctioners are expecting. They may even come to regret what they have done.

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  • AUSTRALIA

    Government lowers bar to trigger visa cancellation

    • Paul Cutler
    • 07 March 2022
    5 Comments

    Most people would agree that the government should have the power to cancel the visas of, and deport, non-citizens who are serious or dangerous criminals. Nobody wants to be the victim of a crime or to live in an unsafe society. We have enough criminals without keeping additional ones.

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