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Keywords: Jurisprudence

  • RELIGION

    Seeking a true new start for all job seekers and workers

    • Frank Brennan
    • 08 November 2017

    'We need to recommit to work for all those who are able and willing. We need to recommit to social assistance for all those who are not able. We need to ensure that a life of frugal dignity is within the grasp of all citizens.' 2017 Rerum Novarum Oration by Fr Frank Brennan SJ

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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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  • INTERNATIONAL

    Rogue relations: The US vs North Korea

    • Binoy Kampmark
    • 19 April 2017
    6 Comments

    A truculent rogue in the White House fumes at an upstart rogue in Pyongyang, both fumbling away in the kindergarten of blunder and realpolitik. How do they measure up in the stakes of rogue behaviour? Even conservative commentators such as Samuel Huntington noted in 1999 that the US is 'in the eyes of many countries ... becoming a rogue superpower'. International law, for the bomb-heavy bully, is a convenient moral reference when needed, but is avoided like a leper when it becomes an impediment.

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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

    Seven warnings for Queensland as it considers a human rights act

    • Frank Brennan
    • 31 October 2016
    3 Comments

    '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.

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  • AUSTRALIA

    Human rights acts after Brexit

    • Frank Brennan
    • 28 October 2016
    7 Comments

    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.

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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

    Treaty holds the key to robust environmental law

    • Bronwyn Lay
    • 09 September 2016
    17 Comments

    When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.

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  • INTERNATIONAL

    The Catholic Church's view on human rights

    • Frank Brennan
    • 05 September 2016
    1 Comment

    'I am a Jesuit amongst Dominicans contemplating the Church's view of human rights. I am a human rights practitioner rather than a theologian, aware that human rights discourse is increasingly more universal and secular. Contemplating, preaching and enacting human rights in the 21st Century Church and World, I come asking two questions.' Frank Brennan's keynote presentation in Salamanca Spain to the International Congress of Dominicans in the Promotion and Defence of Human Rights: Past, Present, Future on the occasion of their 800th anniversary.

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  • ENVIRONMENT

    Depp dog stunt distracts from real ecological violence

    • Bronwyn Lay
    • 21 April 2016
    15 Comments

    In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.

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  • AUSTRALIA

    Greens' senate reform spin is sweetened nonsense

    • Binoy Kampmark
    • 23 March 2016
    19 Comments

    The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.

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  • AUSTRALIA

    Preselection esteems politics over merit

    • Fatima Measham
    • 14 March 2016
    10 Comments

    The debate over the Coalition's proposed senate voting reforms has highlighted the inter-party brokering that brings candidates into office. Yet if representative democracy were predicated on transparency, then another area deserves scrutiny: preselection. The mechanism for choosing party representatives clearly relies on powerful backers - politics - rather than merit. That is an obvious thing to say. But it carries repercussions for governance with which we have yet to grapple.

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