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Keywords: Courts

There are more than 200 results, only the first 200 are displayed here.

  • RELIGION

    How do we navigate medico-legal questions without a bill of rights?

    • Frank Brennan
    • 03 December 2015

    The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.

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  • RELIGION

    Discerning the place for the churches in the great moral questions of the age

    • Frank Brennan
    • 27 November 2015
    2 Comments

    'The crisis of child sexual abuse in our societies has required that our institutional procedures be more transparent and that we learn from the ways of the world in exercising power openly and justly. This means we have to restructure some of our church arrangements so that power is exercised accountably and transparently. All of us who have positions of influence and power in institutional churches need to be attentive to the voices of those who have suffered within our institutions.' 'Discerning the place for the prophetic voice and pragmatic cooperation of the churches in the great moral questions of the age', address to the Association of Practical Theology in Oceania conference, 26 November 2015.

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  • ENVIRONMENT

    Zones of sacrifice in the Western Downs gasfield

    • Mark Copland
    • 02 November 2015
    10 Comments

    When Chinchilla farmer George Bender took his own life, it ended a ten year struggle with the coal seam gas industry that has wreaked havoc on his property and that of his neighbours. Despite mountains of paper regulations, despite a well-resourced Gasfield Commission and Gasfield Compliance Unit, people in the region feel abandoned. It seems that government bodies are enablers and facilitators of the industry rather than regulators and protectors of the people, the soil and the water.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.

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  • Reshaping the public space: Lessons for Australian refugee, Aboriginal and climate policy

    • Frank Brennan
    • 18 September 2015

    Pope Francis's concerns are not narrowly dogmatic or pedagogical but universally pastoral. He knows that millions of people, including erstwhile Catholics, are now suspicious of or not helped by notions of tradition, authority, ritual and community when it comes to their own spiritual growth which is now more individual and eclectic. He wants to step beyond the Church's perceived lack of authenticity and its moral focus on individual matters, more often than not, sexual. He thinks the world is in a mess particularly with the state of the planet — climate change, loss of biodiversity and water shortages, but also with the oppression of the poor whose life basics are not assured by the operation of the free market, and with the clutter and violence of lives which are cheated the opportunity for interior peace. He is going to great pains to demystify his office. He wants all people of good will to emulate him and to be both joyful and troubled as they wrestle with the probl

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  • AUSTRALIA

    It’s time Mr Heydon was taken to court

    • Frank Brennan
    • 09 September 2015
    7 Comments

    Senator Penny Wong moved a motion requesting the Governor-General to sack Dyson Heydon from the unions royal commission. This is a disgrace. It evokes memories of Governor General John Kerr sacking Prime Minister Gough Whitlam almost 40 years ago. The unions must appeal Heydon's decision to the courts, or abide by the umpire's decision.

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  • The politics of popular evil and untrendy truth

    • Frank Brennan
    • 01 September 2015
    1 Comment

    If you want to form government in Australia and if you want to lead the Australian people to be more generous, making more places available for refugees to resettle permanently in Australia, you first have to stop the boats. If you want to restore some equity to the means of choosing only some tens of thousands of refugees per annum for permanent residence in Australia from the tens of millions of people displaced in the world, you need to secure the borders. The untrendy truth is that not all asylum seekers have the right to enter Australia but that those who are in direct flight from persecution whether that be in Sri Lanka or Indonesia do, and that it is possible fairly readily (and even on the high seas) to draw a distinction between those in direct flight and those engaged in secondary movement understandably dissatisfied with the level of protection and the transparency of processing in transit countries such as Malaysia and Indonesia. The popular evil is that political

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  • INTERNATIONAL

    Thai turmoil continues

    • Michael Kelly
    • 25 August 2015
    4 Comments

    Thailand's chronic political instability intensified with the bomb that exploded last week in the middle of a major Bangkok tourist district. With 20 dead and still counting, the event is a decisive rebuttal of the military dictatorship's promise to restore 'happiness' to Thailand. Because Thailand's public life revolves around the frail and ageing king and the military, a brighter future awaits the outcome of royal succession.

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  • ARTS AND CULTURE

    Real estate agents and the crime of locality theft

    • Brian Matthews
    • 21 August 2015
    5 Comments

    We set off towards the beach and the esplanade that meanders towards what the better class of resident likes to call the 'village'. 'I prefer "township" – it's more Australian,' I said. Roy scoffed at what he called 'this "village" nonsense.' Referring to electronic theft of credit card numbers, online personal details, he said: 'I reckon there's also a phenomenon you could call locality theft.'

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  • AUSTRALIA

    The problematic 'saving lives at sea' argument

    • Kerry Murphy
    • 28 July 2015
    35 Comments

    When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.

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  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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  • AUSTRALIA

    The limits to private ownership of property

    • Samuel Tyrer
    • 08 July 2015
    11 Comments

    Private property rights are one of the few rights expressly protected under the Australian Constitution, but broader societal interests must be taken into consideration. Compulsory acquisition of land for the greater public good has always been a fact of life for property owners. France is currently enacting laws to force supermarkets to give their unsold consumable food 'property' to charities. 

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