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Keywords: Law Foundation

  • MEDIA

    The sad history of Australian media reform

    • Andrew Dodd
    • 19 September 2017
    5 Comments

    The big media players eventually get what they want by wearing down the government of the day and latching on to whatever opportunity comes their way. This month the government handed them the reform they've long craved while Xenophon attempted to win some concessions. We can assume Australia's media market will now become more concentrated. What we don't know is whether Xenophon's trade offs will do enough to protect public interest journalism and media diversity.

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 31 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • RELIGION

    Reconciliation and mission

    • Frank Brennan
    • 15 May 2017

    The reconciliation of this vertical relationship is possible only through the mediation of Jesus who embodies, lives and dies the reality of this reconciliation. He puts us right with our God and thereby establishes the basis for right relationship with each other. In many countries such as Australia, Timor Leste and South Africa, the public rhetoric and programs for reconciliation have, at least in part, been informed and underpinned by this theological perspective.

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  • RELIGION

    Finding meaning in a chaotic/changing world

    • Frank Brennan
    • 08 May 2017
    1 Comment

    Our Church is presently a strained, outdated social institution with an exclusively male hierarchy and clergy. But it is also the privileged locus for us to be called to the banquet of the Lord sharing theology and sacrament which have sustained the hearts and minds of similar pilgrims for two millennia. Thank God for Pope Francis who is showing us the way, helping us to find meaning in our changing and chaotic world, putting a fresh spring in the step of all those Catholics holding in tension the prophetic and the practical, the theological and the humanist, the tradition and the contemporary reality.

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  • RELIGION

    The risk and future visioning of sustainable Catholic services

    • Frank Brennan
    • 29 March 2017
    1 Comment

    'We need to be more focused on grace, Christ and God's word, rather than just on law, the Church and papal utterances. But today, I will draw more on law, the Church and the Pope to point us towards those more fruitful domains: grace, Christ and God's word. Our future visioning needs to focus more on the gospel imperatives including the option for the poor and the dignity of all persons, including those who are non-believers.' Address to Catholic Health Australia's Catholic Governance Symposium, 27 March 2017

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  • INTERNATIONAL

    Keeping race hate at bay in South Africa

    • Munyaradzi Makoni
    • 28 March 2017
    1 Comment

    Life is back to normal a month after residents of Mamelodi in South Africa marched from on the Home Affairs offices in protest over criminality among immigrants. Now, there are calls for closer re-examination of the action, which many see as threatening peace in one of Africa's biggest economies. 'If drugs and crime were really the issues, it should have been billed as an anti-drugs, anti-crime march, not an anti-foreigner march,' said Johan Viljoen of Jesuit Refugee Service.

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  • INTERNATIONAL

    Obama built the foundations for Trump's Muslim ban

    • Justin Glyn
    • 02 February 2017
    9 Comments

    The right wingers who support stripping people of their visas, and separating families in the process, have a point when they say that the US government is not beginning a new persecution, but merely continuing and deepening the persecutions of their predecessors. While previous administrations were more subtle in their actions than Trump's, it is undoubtedly true that the nationals now picked for sanction were those who were already targeted for visa penalties in the Obama years.

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  • INTERNATIONAL

    Behind Trump's 'Happy Gilmore' moment with Taiwan

    • Jeremy Clarke
    • 09 December 2016
    2 Comments

    Trump's phone call with Tsai Ing-wen is to diplomacy what Happy Gilmore's slap shot was to the Pro Golf Tour. It defies all convention, is appallingly out of context, and should not even work, but it might just augur a new way of doing things. That conversation disrupted previous norms, some of which resulted from decades of delicate, often secret, negotiations. In the midst of the confected outrage it is worth considering the event within the context of contemporary US-China relations.

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  • ENVIRONMENT

    How to relieve poverty in India without endangering the planet

    • Frank Brennan
    • 02 December 2016
    9 Comments

    Neither India nor Australia can go it alone when confronting a global issue such as climate change. India cannot disregard the effects on other nations when it adopts laws and policies for alleviating the poverty of the poorest of the poor. Australia cannot disregard the effects on other nations when it considers restricting the availability of resources for export such as coal which might help provide electricity for the world's poorest citizens.

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  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 28 November 2016

    'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.

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  • AUSTRALIA

    Being clear eyed and misty eyed about human rights and asylum seekers

    • Frank Brennan
    • 06 October 2016
    8 Comments

    Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.

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  • ENVIRONMENT

    International ecocide law could criminalise Reef destruction

    • Bronwyn Lay
    • 23 September 2016
    3 Comments

    Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.

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