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Keywords: Jurisprudence

  • AUSTRALIA

    Lessons from the referendum

    • Frank Brennan
    • 07 February 2024
    10 Comments

    The referendum result was a disaster for the country and a tragedy for First Australians and there has been little appetite for public discussion about lessons to be learnt from this abject failure. If we are to move forward, it’s time to begin the conversation about past mistakes.

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  • AUSTRALIA

    Can debate ever do harm?

    • Holly Lawford-Smith
    • 02 February 2024

    How can we make progress on the question of whether debate can do harm, and if it can, whether that’s a sufficient reason to suppress particular debates? Or should we adopt a ‘no debate!’ approach to particular topics ourselves?

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  • AUSTRALIA

    Absolute obedience: David McBride and the limits of duty

    • Binoy Kampmark
    • 30 November 2023
    3 Comments

    Charged with breaching national security for exposing alleged war crimes by Australian forces in Afghanistan, former Australian military lawyer David McBride's trial in Canberra rekindles a debate that tests the boundaries of military obedience and public interest. At the heart of this legal battle lies the question: when does the duty to expose wrongdoing outweigh the duty to follow orders?  

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  • ARTS AND CULTURE

    How the road unravelled: In conversation with Kate Holden

    • Barry Gittins
    • 14 July 2023
    2 Comments

    Kate Holden’s The Winter Road is a ranging meditation on a 2014 execution-style murder committed on a dirt track in Croppa Creek, in northwest NSW. Barry Gittins speaks to Kate Holden about her prize-winning account of the crime, reminding readers of the uneasy history of predation in this country and the damage it does to the land and to the people on it.

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  • AUSTRALIA

    Recognition of Aboriginal rights: A contemporary Australian perspective

    • Frank Brennan
    • 05 June 2023
    19 Comments

    The wording of the proposed change to the Australian Constitution to enshrine a First Nations Voice might not be perfect. But whatever the imperfections and the risk of future complications, it is high time that Australia’s First Peoples were recognised in the Constitution in a manner sought and approved by a broad cross-section of Indigenous leaders.

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  • AUSTRALIA

    Why our defamation laws are no longer fit for purpose

    • Cristy Clark
    • 10 November 2021
    7 Comments

    Peter Dutton has recently argued that funds for defamation actions should be a ‘workplace entitlement’ for Members of Parliament (MPs). I’d like to repeat that another way: the Honorable Peter Dutton, Commonwealth Minister for Defence, would like the taxpayer to fund MPs to sue members of the Australian public for defamation.

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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

    Human rights in a pandemic

    • Cristy Clark
    • 30 July 2020
    9 Comments

    The need to contain the spread of COVID-19 has led to a raft of emergency laws that have challenged us to deeply consider the appropriate balance between community and individual rights. 

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  • INTERNATIONAL

    Kiribati: What makes a 'climate refugee'?

    • Binoy Kampmark
    • 24 January 2020
    10 Comments

    New Zealand's judicial channels found against the Kiribati national, claiming he did not satisfy the definition of refugee within international law. He was deported. This month, the UNHRC did not find the deportation unlawful, a move that former Fleet Street editor Damian Wilson said had 'piled on the misery in the climate change mess'.

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  • AUSTRALIA

    UN human rights declaration turns 70

    • Frank Brennan
    • 10 December 2018
    14 Comments

    It is appropriate to affirm the worldwide amplification system for the 'still, small voice' of conscience speaking to power, even when that voice of conscience maintains a religious tone, while the power of the state is increasingly secular and the tone of society more stridently secularist.

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  • RELIGION

    Softening the pontifical secret

    • Kieran Tapsell
    • 19 November 2018
    14 Comments

    It is understandable that canonists would try to find a kinder interpretation for the pontifical secret, given that the cover up caused more children to be abused, but in the canonical system, you cannot get away from the plain meaning of the words and the interpretation placed on them by the Roman Curia.

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  • INTERNATIONAL

    UN's dubious human rights appointment

    • Ramona Wadi
    • 24 August 2018
    1 Comment

    It is important that Bachelet's appointment is discussed away from the framework promoted by the UN. Primarily, it should raise questions as to how a torture victim can become complicit in impunity as president. That such complicity is ignored at an international level should contribute to the growing mistrust in the UN as human rights 'guardian'.

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