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Keywords: Judicial System

  • AUSTRALIA

    The criminal law 30 years on

    • 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.

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  • RELIGION

    Religious freedom in an age of equality

    • 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.

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  • AUSTRALIA

    'Elitist' democracy not the answer to Trumpism

    • Jeff Sparrow
    • 08 June 2016
    9 Comments

    Will Clinton defeat Trump? Perhaps - but the polls already show him doing far better than anyone expected. More importantly, an electoral loss might mean the end of Donald Trump but it won't destroy Trumpism. The constituency into which the Donald has tapped will almost certainly grow under the administration of a corporate Democrat like Clinton, even if it manifests in a different form. And what then? How much larger and heftier will the barriers against the popular will have to become?

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  • AUSTRALIA

    Sniff the rot in Australia's wobbly democracy

    • Justin Glyn
    • 20 April 2016
    9 Comments

    Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.

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  • ARTS AND CULTURE

    The time to look away from abuse crisis has gone

    • Richard Leonard
    • 28 January 2016
    18 Comments

    This is one of the angriest films you will ever see. In the Bible we hear about righteous anger, where God or humanity realises something is so wrong and sinful that 'holy anger' is the first and right response. At its best in the scriptures this anger leads to justice, making things right. Spotlight is an occasion for holy, righteous anger and every adult Catholic should see it.

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  • AUSTRALIA

    A Human Rights Day tribute to the Northern Territory's Tony Fitzgerald

    • Frank Brennan
    • 10 December 2015

    I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.

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  • RELIGION

    'Equal laws and equal rights ... dealt out to the whole community'. How close 161 years on?

    • Frank Brennan
    • 04 December 2015
    1 Comment

    'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.

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  • RELIGION

    How do we navigate medico-legal questions without a bill of rights?

    • Frank Brennan
    • 03 December 2015

    The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.

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  • RELIGION

    Discerning the place for the churches in the great moral questions of the age

    • Frank Brennan
    • 27 November 2015
    2 Comments

    'The crisis of child sexual abuse in our societies has required that our institutional procedures be more transparent and that we learn from the ways of the world in exercising power openly and justly. This means we have to restructure some of our church arrangements so that power is exercised accountably and transparently. All of us who have positions of influence and power in institutional churches need to be attentive to the voices of those who have suffered within our institutions.' 'Discerning the place for the prophetic voice and pragmatic cooperation of the churches in the great moral questions of the age', address to the Association of Practical Theology in Oceania conference, 26 November 2015.

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  • AUSTRALIA

    Border Force Keystone Cops no laughing matter

    • Kerry Murphy
    • 04 September 2015
    18 Comments

    While we can shake our heads and laugh at last week's farce in Melbourne, we should be more concerned about the many ways this government is punishing refugees in the law, using language to demonise people and and setting up systems geared to rejecting applications. We don't need black uniforms and guns, or any form of militarisation and politicisation of Immigration.

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  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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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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