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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.
Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?
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.
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
Until now, there was some doubt whether the Parliament's constitutional power to make laws with respect to marriage would be broad enough to include laws with respect to same sex marriage. The High Court has put this matter beyond doubt with all six sitting judges affirming that 'marriage' for the purposes of defining the constitutional power of the Parliament could not be confined to marriage in the traditional Christian sense.
In 2011 the US Supreme Court found it was not unlawful for members of Westboro Baptist Church to stage inflammatory protests at the funerals of US soldiers, whom the church believes are killed by God to demonstrate disapproval at tolerance of gay people. You might say 'only America', but recently something similar nearly happened here.
Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no. Monday 21 May
Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no.
From now on, the High Court will apply a very fine tooth comb to any legislation allowing ministers to ship asylum seekers offshore. Unless there were to be a bipartisan agreement in the Parliament or a government deal with the Greens, asylum seekers arriving by boat now need to be processed fairly, promptly, on our terms and on our turf.
Mining states often view native title as bureaucratic red tape that slows down the industry. But the Native Title Act has never given Aboriginal people a right of veto. The High Court recently set an unfortunate precedent that further hinders the ability of traditional owner groups to negotiate.
As an Aboriginal woman walking the streets at night, I am significantly more concerned about being brutalised by those charged to keep our streets safe — the police — than I am about any fellow lone wanderer on the streets. The case of Tanya Day and the response to it reinforced to me that my fears were well-founded.
It is imperative that the courts examine all the evidence thoroughly with expert analysis and allow time for perpetrators of violence to show their true colours, before any potentially life-changing decisions are made. Efficiency and cost cutting shouldn’t be the goal.
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