Keywords: High Court Decision
There are more than 200 results, only the first 200 are displayed here.
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RELIGION
- Frank Brennan
- 23 February 2016
47 Comments
McClellan and his fellow commissioners on the Royal Commission into Institutional Responses to Child Sexual Abuse have a daunting task in the next fortnight, according due process and natural justice to a high profile witness on the other side of the world who has been publicly labeled 'scum', 'buffoon' and a 'coward', being the subject of unauthorised leaks about uninvestigated complaints from a police service which itself is under scrutiny for its past cooperation with the witness and his Church.
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AUSTRALIA
- Andrew Hamilton
- 11 February 2016
15 Comments
The High Court decision on detention in Nauru came down just before the Christian season of Lent. It left the government free and determined to deport many young mothers and children to Nauru. For the mothers and children deportation will bring new trauma with renewed threat to their already precarious mental health. For the Australian public it again makes us ask what brutality, even to children, we are ready to tolerate. The savagery of this treatment is a suitable subject for Lenten reflection.
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AUSTRALIA
- Frank Brennan
- 04 February 2016
24 Comments
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?
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AUSTRALIA
- Frank Brennan
- 10 December 2015
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
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RELIGION
- Frank Brennan
- 04 December 2015
1 Comment
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
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RELIGION
- 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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AUSTRALIA
- 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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- 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
- 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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- 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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AUSTRALIA
- Binoy Kampmark
- 25 August 2015
14 Comments
The spectacle is a strange one. Heydon has to rule on an application that directly concerns his own fitness to be in the position. It recalls the situation Lord Hoffmann found himself in after his links with Amnesty International perceptibly compromised his views on extraditing Chile's former military ruler Augusto Pinochet. Even the best jurists can fall foul of the bias rule.
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INTERNATIONAL
- Samuel Tyrer
- 06 August 2015
21 Comments
The Expert Panel on Asylum Seekers of 2012 said 'a regional cooperation and protection framework' should shape policymaking. Support for a regional solution also exists among academics and NGOs such as the Refugee Council of Australia. So what would such a framework look like? And when the time comes, will Australia be prepared to lead the way by increasing resettlement numbers?
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