Keywords: Rule Of Law
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AUSTRALIA
- Frank Brennan
- 19 May 2015
11 Comments
The lesson from the trials of Boston Bomber Dzhokhar Tsarnaev and the Bali nine is that the death penalty is always political and macabre. In the US, Justice Scalia was not at all minded to consider the merits of the argument about the effects of the drug Midazolam because he thought the case was all part of a long term political campaign to delegitimise the death penalty.
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AUSTRALIA
- Justin Glyn
- 21 April 2015
15 Comments
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
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AUSTRALIA
- Mathew Drogemuller
- 31 March 2015
6 Comments
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
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AUSTRALIA
- Frank Brennan
- 23 March 2015
17 Comments
Through the rough and tumble of politics, Fraser helped the country find true north on issues relating to race and human rights. His friendship with Gough Whitlam has been one of the great signs in Australian public life that human decency and shared commitment to noble ideals can transcend even the most entrenched political animosities cultivated across the despatch box. May he rest in peace.
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AUSTRALIA
- Neil Ormerod
- 16 March 2015
39 Comments
In relation to the future of remote Aboriginal communities in WA, the Prime Minister said: 'It is not the job of the taxpayer to subsidise particular lifestyle choices.' The statement raises this question: on whose behalf does the government govern? The logical response is: the taxpayer. We must then ask whether it works on a sliding scale – the more tax you pay, the more the government attends to your needs.
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AUSTRALIA
- Moira Rayner
- 11 March 2015
23 Comments
Annabel Crabb chaired it all really well, but the next day I realised that not only our Foreign Minister, but not one panelist, got one question about their extraordinary achievements. Bishop was managing partner of a big law firm. She has unique experiences and must have views on the world’s problems and their impact on Australia. But nobody asked.
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AUSTRALIA
- Frank Brennan
- 02 February 2015
20 Comments
The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.
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AUSTRALIA
- Frank Brennan
- 09 December 2014
27 Comments
What a dreadful year it has been for parliamentary democracy. Speaker Bronwyn Bishop has taken pride in the number of members she has ejected. Senator David Leyonhjelm has introduced his same sex marriage bill in an orderly fashion, but the decision will rest with the Abbott Government, which won't want to to hand the bouquet for breaking the logjam to Leyonhjelm. To get arrangements for the bearing and nurturing of children right, we need our parliament to be a more considered and dignified place than a battlefield.
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INTERNATIONAL
- Nikolas Feith Tan
- 03 December 2014
9 Comments
Israel is one of the world's developed countries that is attempting to deter asylum seekers from accessing the protection that international refugee law entitles them to. Yet Israel is a state with refugeehood in its roots. Israeli refugee advocates have encouraged a change of policy on the basis of Jewish exile in Egypt as recorded in the Torah.
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INTERNATIONAL
- Justin Glyn
- 17 November 2014
17 Comments
Amid talk of whether Vladimir Putin would leave the G20 early and numerous reports of frosty encounters between him and other summit leaders, Western media coverage has portrayed him as an erratic and dangerous dictator whose rule damages the once-great country he leads. But it would be foolish to pretend that the West did not take advantage of the weakness of the former Soviet states in the 1990s. Russia was looted of its assets, many of which found their way abroad.
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AUSTRALIA
- Frank Brennan
- 05 November 2014
38 Comments
Physician assisted suicide and euthanasia are back, in the courts of Canada and the UK, and in the parliaments of the UK and Australia. The Australian Senate is considering the Greens' formulation of a broad and fuzzy law that goes further than UK proposals in that it would allow Dr Philip Nitschke to administer a fatal injection.
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AUSTRALIA
- Kerry Murphy
- 29 October 2014
7 Comments
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.
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