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In his State of the Union address last week, President Obama drew rare bipartisan applause with his anti-Russian rhetoric when he said the US was ‘upholding the principle that bigger nations can’t bully the small’. The Cold War ended 25 years ago, yet the desire to weaken Russia has never gone away. This is nonsense. Russia poses no threat to the west. It is just another country trying to make its own way in an unfriendly world.
Phnom Penh is a lively, bustling, often happy city of energetic and industrious people, with amazing growth statistics. In 2004 half of Cambodians lived in poverty, and by 2011 the figure had dropped to 20%. But this belies the terrible state of public health, the corruption in education, the abuse of human rights, and much more.
Former Immigration Minister Senator Chris Evans once expressed concern about how much personal power was vested in his position when making decisions about particular cases. The current Minister, on the other hand, is trying to increase the number of such powers, and is much more likely to use the ministerial trump card to avoid judicial scrutiny. In a parliamentary system that relies on the checks and balances between the Parliament, Executive and Judiciary, one arm of government should not be able to overrule another.
Actor Ben Affleck was only partly right in his recent take-down of conservative US pundits Bill Maher and Sam Harris for their perceived 'Islamaphobia'. The reality is that there is a battle for the heart and soul of Islam that has been playing out around the globe since the 60s and 70s. It is therefore only natural that an ideology that rejects the failed colonial paradigm of nation-states and instead promotes the grand vision of a resurrected caliphate is compelling to many.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
Marriage equality advocates are pursuing the issue at a state level in the hope of pressuring the Commonwealth. In the process they risk blowing apart the national coherence of marriage laws put in place in 1961. The marriage equality question is best resolved by the Australian Parliament exercising a conscience vote. Marriage is too precious a social institution to be put in the mix of a dog's breakfast.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
Since the turn of the millennium several major technology-enabled developments have significantly altered the balance between national security and civil liberties. In Australia, the hyper-politicisation of national security finds voice in the discourse on the issue of border security, turning a complex humanitarian and policing challenge (asylum seekers arriving by sea) into an enormously controversial and expensive imbroglio.
Senator Carr's comments about 'economic migrants' and asylum seekers from 'majority groups' show a lack of understanding of the separation of powers, the rule of law and the refugee assessment process in Australia. It is remarkable that, when confronted with the fact that the numbers of people meeting the refugee criteria are high, Carr's solution is to change the rules.
Fr Frank Brennan's keynote address at the Archdiocese of Canberra and Goulburn Clergy Assembly, St Clement's, Gaylong, on 22 May 2013
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