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Keywords: High Court Judges

  • AUSTRALIA

    An Indigenous Voice: Truth, treaty and reconciliation

    • Frank Brennan
    • 01 December 2022
    15 Comments

    We have a lot of work to do if there is to be any prospect of a successful referendum on the Voice to Parliament, which Indigenous people have put to us as the mode by which they want to be recognised in the Constitution. They have said they want a Voice. Now, we can debate whether it be a Voice to Parliament or a Voice to Parliament and government, or a Voice just about particular laws.

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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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  • AUSTRALIA

    The Path to a Referendum: From Uluru via Garma to Canberra and on to the People

    • Frank Brennan
    • 17 August 2022
    2 Comments

    We need to be able to do more than simply give notional assent to the Uluru Statement. We need to be able to contribute to the hard thinking and difficult discussions to be had if the overwhelming majority of our fellow Australians are to be convinced of the need for a Voice in the Constitution.

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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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  • AUSTRALIA

    The justice of Sir Francis Gerard Brennan

    • Michael Kelly
    • 16 June 2022
    1 Comment

    The Court in Mabo, where Brennan J led majority, put an end to the notion of Terra Nullius, by which the British could claim that land in Australia was ripe for the picking because it belonged to no one, and opened the claims to land ownership to a much wider group including the traditional owners. The follow-up judgement in Wik took that understanding even further.

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  • AUSTRALIA

    Climate change and duty of care

    • Binoy Kampmark
    • 07 April 2022
    1 Comment

    The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.

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  • AUSTRALIA

    Religious discrimination and equality before the law

    • Frank Brennan
    • 22 February 2022
    35 Comments

    In recent days, if you were to listen to the media reports, you could be forgiven for thinking that religious educators want to retain a right to exclude children or teachers from their schools on the basis of their gender or sexual orientation.  Nothing could be further from the truth. Or nothing should be further from the truth. 

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  • AUSTRALIA

    Insights from Cardinal Newman on Religious Discrimination and Religious Freedom

    • Frank Brennan
    • 22 February 2022
    1 Comment

    In recent days, if you were to listen to the media reports, you could be forgiven for thinking that religious educators want to retain a right to exclude children or teachers from their schools on the basis of their gender or sexual orientation.  Nothing could be further from the truth. Or nothing should be further from the truth. 

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  • AUSTRALIA

    The trouble with God powers: The Novak Djokovic case

    • Binoy Kampmark
    • 08 February 2022
    5 Comments

    It should be troubling for anyone, religious, secular or agnostic, to be told that a human being wields anything approximating to ‘God like’ powers. That very suggestion implies a power unreviewable, unaccountable and at odds with the earthly rule of law.

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  • AUSTRALIA

    Clive Palmer, COVID, and the WA Border

    • Frank Brennan
    • 09 September 2021
    5 Comments

    Clive Palmer is one Australian wanting to smash border restrictions during this time of pandemic. He is threatening to go back to the High Court seeking recognition of his right as an Australian citizen to travel freely between the States. In particular he claims the right to enter Western Australia where he has significant mining interests. 

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  • AUSTRALIA

    The fraying of judicial nerves in migration cases

    • Frank Brennan
    • 13 July 2021
    12 Comments

    Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.

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