Welcome to Eureka Street
Looking for thought provoking articles?Subscribe to Eureka Street and join the conversation.
Passwords must be at least 8 characters, contain upper and lower case letters, and a numeric value.
Eureka Street uses the Stripe payment gateway to process payments. The terms and conditions upon which Stripe processes payments and their privacy policy are available here.
Please note: The 40-day free-trial subscription is a limited time offer and expires 31/3/24. Subscribers will have 40 days of free access to Eureka Street content from the date they subscribe. You can cancel your subscription within that 40-day period without charge. After the 40-day free trial subscription period is over, you will be debited the $90 annual subscription amount. Our terms and conditions of membership still apply.
There are more than 200 results, only the first 200 are displayed here.
So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.
'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.
Cultural totalitarianism, embodied in Trump in the US and Hanson in Australia, is a major injustice of our age. To fight it effectively, we have to enter into coalitions with those whose opinions we otherwise find distasteful. An anti-racism rally with only leftwing speakers is not going to make as big an impact as one with speakers across the spectrum. To insist the fight against racism is necessarily a leftwing issue is in some ways its own form of cultural bigotry.
'Will this affect my case?' Hassan was worried about the survey that said nearly 50 per cent of Australians wanted to ban Muslims from migrating to Australia. I was working on his protection visa. He had a strong case. 'No,' I replied. Like any large religion, in Islam there are many variations in practice and beliefs, influenced by cultural and historical events. To simply ban them all is a crazy option. You do not ban everyone just because a minority are involved in criminal activity. Or so I thought.
'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
This damnable pursuit of Gillian Triggs must stop at once. Triggs is an outstanding independent statutory office holder, one of the many appointed by governments over decades to remind them of Australia's international human rights obligations and to oversee the functions of laws to mitigate social wrongs such as age, race, disability and sex discrimination in public arenas. But no government likes watchdogs on the moral and legal limits on its power.
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.
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.
When a traditional marriage breaks down, there is a substantial body of law that has been developed to deal with the consequences. A substantial number of people in the community have already entered into homosexual relationships, monogamous and intended to be permanent. Some will break down, and disputes will arise about matters such as property, maintenance, and access to children. Common law principles are inadequate for settling such disputes fairly and economically.
The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.
By the time polls close Saturday, tens of thousands of voters in marginal seats will have received 'election scorecards' from environment groups. Almost all will rate the Liberal Party worse than Labor or the Greens on a range of issues, from protecting the Great Barrier Reef to encouraging investment in clean energy. Privately, some Liberal candidates will be seething - and, if the Coalition wins, they'll have the means for brutal revenge.
121-132 out of 200 results.