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Keywords: High Court Decision

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

  • AUSTRALIA

    Judgment and the burden of ignorance

    • Andrew Hamilton
    • 15 June 2023
    2 Comments

    Kathleen Folbigg's release, prompted by the discovery of a genetic mutation that created reasonable doubt in her conviction, marks a significant intersection of science and law. However, the case highlights the need to critically assess the weight and limitations of scientific authority in our justice system, acknowledging the inherent uncertainty embedded within human affairs.

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  • AUSTRALIA

    Recognition of Aboriginal rights: A contemporary Australian perspective

    • Frank Brennan
    • 05 June 2023
    19 Comments

    The wording of the proposed change to the Australian Constitution to enshrine a First Nations Voice might not be perfect. But whatever the imperfections and the risk of future complications, it is high time that Australia’s First Peoples were recognised in the Constitution in a manner sought and approved by a broad cross-section of Indigenous leaders.

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  • AUSTRALIA

    ‘A spiritual notion’: The Voice and the yearnings of our hearts

    • Michael McVeigh
    • 05 May 2023
    1 Comment

    Recent books Statements from the Soul and An Indigenous Voice to Parliament explore different perspectives on the Uluru Statement, including the relationship between the land and Indigenous people and the legal impact of the proposed constitutional change, while demonstrating the need to appeal to hearts and minds in rallying support for an Indigenous Voice.

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  • INTERNATIONAL

    AUKUS: Mirage or reality?

    • Binoy Kampmark
    • 28 March 2023
    8 Comments

    Australia's decision to partner with the US and the UK for the AUKUS pact has drawn scrutiny with questions looming about acquisition, construction and delivery of the nuclear-propelled submarines and a projected $368 billion outlay for up to eight vessels. 

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  • AUSTRALIA

    Mabo, Keating and a Voice

    • Kevin Keeffe
    • 16 March 2023
    9 Comments

    Despite the lack of formal consultation with Indigenous peoples at the time, Paul Keating invested significant political capital in designing the Native Title Act and establishing a comprehensive social justice package. As the debate on the Voice intensifies, Indigenous Australians should be afforded the right to offer their Voice and be heard on issues as fundamental as native title.

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  • AUSTRALIA

    Scott Morrison and the Bell inquiry

    • Binoy Kampmark
    • 30 November 2022
    1 Comment

    In 2020 and 2021, Scott Morrison secretly had himself appointed to administer the health, finance, treasury, home affairs and industry, science, energy and resources ministries. The newly elected Prime Minister Anthony Albanese charged Former High Court judge Virginia Bell with the task of investigating the affair.

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  • AUSTRALIA

    The Albanese reset: Stopping boats while treating onshore asylum seekers decently

    • Frank Brennan
    • 28 October 2022
    6 Comments

    In recent years, Australian policies in relation to asylum seekers and refugees have been unnecessarily mean, cruel and disorganised. The election of the Albanese government provides the opportunity for a reset, putting behind us the past mistakes of both Coalition and Labor Governments in the last 20 years.

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  • AUSTRALIA

    Devaluing freedom

    • Andrew Hamilton
    • 29 September 2022
    8 Comments

    Recently many people have expressed disquiet about the trend to authoritarian rule throughout the world. They have good reason for doing so. In the world we are entering, the freedom of citizens in the State depends on the will of Governments that will have no enforceable obstacle to withdrawing such freedoms on suspicion of future misconduct and not just for punishment of past, proven misconduct. 

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  • INTERNATIONAL

    The empty echo chamber: A conversation with Dr Axel Bruns

    • David Halliday, Axel Bruns
    • 22 September 2022

    Despite our differing social and cultural beliefs, we can mostly agree that we live in highly polarised times. But what divides us? ARC Laureate Fellow Prof. Axel Bruns studies social polarisation, and in this discussion we explore the drivers of polarisation, examining the role that digital and social media and broader social and political contexts play in intensifying social conflicts, threatening economic prosperity, undermining public trust, and ultimately destabilising societies.

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  • AUSTRALIA

    Discovery or cover-up?

    • Andrew Hamilton
    • 11 August 2022
    9 Comments

    Much has recently written about the doctrine of discovery and its bearing on the treatment of Indigenous peoples, particularly in the United States where it grounded an early legal decision. The doctrine enshrined in law claims that the discovery of underpopulated and cultivated lands conferred on the discoverers the right to ownership, and was used to justify colonial occupation of territory in the Americas, Asia and Africa.

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  • INTERNATIONAL

    The UK decision to extradite Assange

    • Binoy Kampmark
    • 19 July 2022
    3 Comments

    The only shock about the UK Home Secretary’s decision regarding the extradition of Julian Assange was that it did not come sooner. In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the solemn view that he was ‘duty-bound’ to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917, and one based on computer intrusion.

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  • INTERNATIONAL

    America after Roe v Wade

    • Chris Middleton
    • 05 July 2022
    10 Comments

    The overruling of the Roe v Wade decision by the Supreme Court in the Dobbs decision marks a significant moment in the abortion debate, while highlighting the deep fissures in America’s body politic. Despite the fact that the Supreme Court ruling had been foreshadowed months ago, the shock has been real.

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