keywords: Balance Of Power

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  • AUSTRALIA

    Our first female High Court chief justice is first class

    • Moira Rayner
    • 30 November 2016
    10 Comments

    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.

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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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  • AUSTRALIA

    Stand with heroic Gillian Triggs

    • Moira Rayner
    • 25 October 2016
    55 Comments

    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.

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  • AUSTRALIA

    Asylum seeker's long wait for judgement day

    • Shira Sebban
    • 18 October 2016
    12 Comments

    Finally he is having his day in court. After 13 months languishing in limbo in immigration detention, he has been given the opportunity to be heard. Hopefully, it won't be long now before his case is determined and his torment resolved. Or so I thought. But in today's Australia, asylum seekers are not treated the same way as you or me. I meet him not as originally planned in the courtroom itself, but in the bowels of the building where he has been confined for the second day in a row to a tiny cell.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 October 2016
    2 Comments

    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.

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  • AUSTRALIA

    Market economics not the solution for human services

    • Roland Manderson
    • 12 August 2016
    14 Comments

    There is a joke about a man looking for a coin under a streetlight: he had dropped it elsewhere, in the dark, but was looking under the streetlight because he could see more clearly there. In the same way, the thinking behind the Productivity Commission inquiry into increasing competition, contestability and informed user choice in human services is fundamentally flawed. The complexity and interconnectedness of human services is too challenging for market economics to properly address.

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  • AUSTRALIA

    The economic case for greater diversity in media

    • Fatima Measham
    • 05 August 2016

    Perhaps what will ultimately convince media and entertainment companies that it is in their interest to be sincere about diversity is that there's money in it. A UCLA study found that in 2014, eight films that had diverse casts (out of 163) also had the highest median global revenues and returns on investment. In addition, TV shows with majority non-white casts rated extremely well, even among white households. This challenges conventions around what media consumers find appealing.

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  • INTERNATIONAL

    Can leadership change revive the UN?

    • Fatima Measham
    • 01 August 2016
    6 Comments

    The United Nations Security Council is in the process of selecting its next secretary-general. There is intense interest, not least because the General Assembly has made efforts to make it more transparent via an open nomination process and televised debates. The UN is seen in some parts as an edifice to bureaucratic ineptitude. But the internationalism that stitched the world back together after two calamitous wars has frayed. We need the UN as ballast against future instability.

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  • AUSTRALIA

    Yielding and wielding personal information

    • Kate Galloway
    • 06 July 2016
    5 Comments

    I once knew of a boy whose birth was not registered. His parents believed this would free him from the strictures of the state: his life would be truly private. But it would leave this boy without the trappings of citizenship that we take for granted. Privacy is likely to become something that we can purchase if we have sufficient wealth. Those without enough wealth will be left exposed through both state and corporate surveillance. We will have an 'underclass' without the choice of privacy at all.

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  • AUSTRALIA

    Diagnosing the great Australian sickness

    • Andrew Hamilton
    • 03 March 2016
    9 Comments

    Who better to consult than Dr Hippocrates and his humours? Before Tony Abbott's deposition the choleric element dominated in Australia, full of sound and fury. This has been followed by the preponderance of the sanguine humour, expressing itself in that sunny optimism that makes light of problems. But more recent events suggest that the humours are again in chronic imbalance. The core weakness in the Australian constitution has not been removed with the accession of Malcolm Turnbull.

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