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Keywords: High Court Decision

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

  • AUSTRALIA

    High noon for Government refugee policy

    • Kerry Murphy
    • 12 September 2014
    12 Comments

    There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.

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  • AUSTRALIA

    Mexican border reflections on Australian asylum seeker policy

    • Frank Brennan
    • 15 August 2014
    30 Comments

    We Australians confront none of the complexities of sharing a land border with a poor neighbour. Most Americans, I find, consider our policy morally repulsive and just stupid. They cannot believe that we routinely lock up children, that we recently held 157 people on a ship in the Indian Ocean for almost a month, and that we are now going to send up to 1000 asylum seekers to Cambodia.

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  • AUSTRALIA

    Too much order with too little law 30 years on

    • Frank Brennan
    • 23 July 2014
    1 Comment

    'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.

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  • AUSTRALIA

    Stopping the boats at any cost

    • Andrew Hamilton
    • 10 July 2014
    21 Comments

    Like the Dictation Test devised devised to enforce the White Australia Policy, the National Interest Test would allow the Minister to exclude anyone he wanted. People who claim protection can be confident that the Australian Government will not have them or their dogs killed, but they will have no confidence that they will not be placed in dangerous situations or returned to places where they fear for their lives.

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  • RELIGION

    Why Bishop Morris was sacked

    • Frank Brennan
    • 24 June 2014
    53 Comments

    'My one new insight from reading Bill's book is that he was sacked because he was too much a team player with his local church ... the Romans hoped to shatter the morale and direction of those who had planned the pastoral strategies of a country diocese stretched to the limits as a Eucharistic community soon to be deprived of priests in the Roman mould.' Frank Brennan launches Benedict, Me and the Cardinals Three by Bishop William Morris.

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  • AUSTRALIA

    High Court backs ministerial power over asylum seekers

    • Kerry Murphy
    • 20 June 2014
    6 Comments

    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.

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  • AUSTRALIA

    Law disorder in Campbell Newman's Queensland

    • Frank Brennan
    • 18 June 2014
    11 Comments

    All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.

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  • AUSTRALIA

    It's time Parliament had a say on 'disgraceful' PNG solution

    • Frank Brennan
    • 05 June 2014
    29 Comments

    Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.

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  • AUSTRALIA

    Wily Harradine delivered for Indigenous Australians

    • Frank Brennan
    • 16 April 2014
    18 Comments

    The great Tasmanian Catholic warrior Brian Harradine did wonderful work in the Senate, the chamber Paul Keating described as 'unrepresentative swill'. He successfully negotiated significant improvements to the lamentable Howard Aboriginal land rights package. Seven years after the Wik debate, Democrats deputy leader Andrew Bartlett said: 'The agreement he reached on the Wik legislation was one of the few cases I would point to where John Howard was bested in negotiations'.

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  • AUSTRALIA

    Human Rights, the national interest and the will of the people

    • Frank Brennan
    • 11 April 2014
    1 Comment

    'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture

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  • AUSTRALIA

    What Minister Morrison is giving up for Lent

    • Kerry Murphy
    • 11 March 2014
    19 Comments

    When I was young, I remember being encouraged to give up lollies or chocolate for Lent. On the eve of the beginning of Lent on Ash Wednesday last week, the Immigration Minister announced he would be effectively giving up granting protection visas for refugees for the duration of Lent, and beyond, until 1 July.

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  • AUSTRALIA

    Too little law in Newman's Queensland

    • Frank Brennan
    • 24 February 2014
    5 Comments

    'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.

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