Keywords: Judicial System
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INTERNATIONAL
- Binoy Kampmark
- 17 June 2015
3 Comments
It was far from democratic and arose from circumstances of pure opportunism, but the Magna Carta was created as a break on arbitrary rule and power. Therefore contemporary moves to undermine such principles as the rule of law are prescient. Australia's parliament commemorates its birthday even as it extends the reach of national security laws and endorses a draconian refugee policy.
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INTERNATIONAL
Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
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INTERNATIONAL
Indonesia is a country of great promise with a significant, maybe crucial, contribution to make to our troubled world. As a very large, pluralist, Muslim-majority democracy it offers a template for other societies in transition. President SBY was acutely aware of this opportunity and through his democracy forums and other initiatives did much to re-brand Indonesia in this positive light. All this good work is being undone by the anal, small-town thinking the executions represent.
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AUSTRALIA
- Pat Walsh
- 04 February 2015
17 Comments
The execution of Andrew Chan and Myuran Sukumaran is expected to take place on Nusakembangan, a prison island off Central Java. Visitors there are greeted by a sign which translates: 'They are not criminals, just lost people, and it is never too late to repent'. To be executed after you repent, however, is certainly too late. It also diminishes Indonesia. But let’s not write Indonesia off.
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RELIGION
- Paul Collins
- 11 November 2014
23 Comments
An important power shift occurred in Rome at the weekend, and it has a genuine Australian connection. The nuncio in Canberra Archbishop Paul Gallagher was named Secretary for Relations with States, which will put him third in charge at the Vatican. He has been popular here because he has kept in touch with pastoral life, having volunteered to help out in the far-flung western NSW of Diocese of Wilcannia-Forbes during his first Easter in Australia.
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AUSTRALIA
- Kerry Murphy
- 29 October 2014
7 Comments
Former Immigration Minister Senator Chris Evans once expressed concern about how much personal power was vested in his position when making decisions about particular cases. The current Minister, on the other hand, is trying to increase the number of such powers, and is much more likely to use the ministerial trump card to avoid judicial scrutiny. In a parliamentary system that relies on the checks and balances between the Parliament, Executive and Judiciary, one arm of government should not be able to overrule another.
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RELIGION
- Andrew Hamilton
- 27 October 2014
6 Comments
Pope Francis warns perceptively that the urge to create peace by punishment leads to the search for more targets. The best way to peace and security is not to wage war on people but to be curious about them – what leads them to criminal acts, and how we can intervene to help them make good connections with society.
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AUSTRALIA
- Frank Brennan
- 22 September 2014
5 Comments
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
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AUSTRALIA
- Frank Brennan
- 23 July 2014
1 Comment
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
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AUSTRALIA
- John Ellison Davies
- 16 July 2014
18 Comments
Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error.
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AUSTRALIA
- Frank Brennan
- 18 June 2014
11 Comments
All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.
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AUSTRALIA
The Government's vilification of people arriving by boat has reached the level where the term 'illegal' features in the Budget documents. Immigration Minister Morrison has insisted on referring to people arriving by boat as 'illegals' for some years, despite the Migration Act using the less pejorative term 'unlawful non-citizen'. This is not just a lawyer's linguistic debate; if it were not important, the Government would not insist on the term.
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