keywords: High Court

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  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 28 November 2016

    'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.

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  • INTERNATIONAL

    Marcos burial dents Duterte

    • Fatima Measham
    • 24 November 2016
    5 Comments

    Technicalities seldom withstand moral grievance. So it is with Philippine president Rodrigo Duterte's justification for allowing the remains of a reviled dictator to be buried at Libingan ng mga Bayani - the Heroes' Cemetery. Young Filipinos, observing recent political disorder, had begun wondering whether Marcos was really that bad. But the disgusted response of millenials and others to the sneaky burial suggests that the pushback against historical revisionism is paying off.

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  • INTERNATIONAL

    Left doesn't own the fight against racism

    • Irfan Yusuf
    • 15 November 2016
    8 Comments

    Cultural totalitarianism, embodied in Trump in the US and Hanson in Australia, is a major injustice of our age. To fight it effectively, we have to enter into coalitions with those whose opinions we otherwise find distasteful. An anti-racism rally with only leftwing speakers is not going to make as big an impact as one with speakers across the spectrum. To insist the fight against racism is necessarily a leftwing issue is in some ways its own form of cultural bigotry.

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  • AUSTRALIA

    Seven warnings for Queensland as it considers a human rights act

    • Frank Brennan
    • 31 October 2016
    3 Comments

    'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.

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  • AUSTRALIA

    Human rights acts after Brexit

    • Frank Brennan
    • 28 October 2016
    7 Comments

    Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.

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  • AUSTRALIA

    Asylum seeker's long wait for judgement day

    • Shira Sebban
    • 18 October 2016
    12 Comments

    Finally he is having his day in court. After 13 months languishing in limbo in immigration detention, he has been given the opportunity to be heard. Hopefully, it won't be long now before his case is determined and his torment resolved. Or so I thought. But in today's Australia, asylum seekers are not treated the same way as you or me. I meet him not as originally planned in the courtroom itself, but in the bowels of the building where he has been confined for the second day in a row to a tiny cell.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • AUSTRALIA

    Being clear eyed and misty eyed about human rights and asylum seekers

    • Frank Brennan
    • 06 October 2016
    8 Comments

    Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.

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  • INTERNATIONAL

    Another win for 'David' Timor against 'Goliath' Australia

    • Frank Brennan
    • 27 September 2016
    19 Comments

    Timor has scored another win in the international legal forum, this time before a five-member Conciliation Commission convened under the auspices of the Permanent Court of Arbitration. In response, George Brandis and Julie Bishop regurgitated the Canberra mantra: 'We have a strong interest in Timor-Leste's stability and growing prosperity, and in providing a stable and transparent framework for investment in the Timor Sea.' They have no idea just how patronising this sounds in Dili.

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  • ENVIRONMENT

    International ecocide law could criminalise Reef destruction

    • Bronwyn Lay
    • 23 September 2016
    3 Comments

    Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.

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  • RELIGION

    Religious freedom in an age of equality

    • Frank Brennan
    • 23 September 2016
    18 Comments

    'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.

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  • RELIGION

    Plebiscite the only way forward for Turnbull on marriage equality

    • Frank Brennan
    • 06 September 2016
    23 Comments

    Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.

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