keywords: High Court
There are more than 200 results, only the first 200 are displayed here.
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RELIGION
- Frank Brennan
- 05 December 2016
18 Comments
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
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MEDIA
- Adolfo Aranjuez
- 29 November 2016
17 Comments
A recent Screen Australia report determined only 5 per cent of characters in Australian TV dramas could be identified as LGBTQI; less than half the proportion of real-world queer individuals in Australia. Media products are inherently normative, legitimising identities and lived realities through visibility. This is important, given the continuing debates surrounding marriage equality and the pervasiveness of homophobia, the result of which was seen in the suicide of 13-year-old Tyrone Unsworth.
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ENVIRONMENT
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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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