keywords: Rule Of Law

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    The rule of law applies to government too

    • Kate Galloway
    • 20 March 2017
    17 Comments

    ACTU secretary Sally McManus' comments about the rule of law have sparked a lot of chatter on news and social media. While the rule of law arguably does assume citizens will obey the law, it also assumes government will behave lawfully. Further, it might be argued that the rule of law encompasses the principled application of government power. In this respect, the Australian government is itself falling well below adhering to the rule of law. I offer Centrelink #notmydebt as a case study.

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  • AUSTRALIA

    'Rule of law' furore reveals real thugs

    • Fatima Measham
    • 16 March 2017
    18 Comments

    A new round of anti-union chest-thumping is underway, following ACTU secretary Sally McManus' remarks that 'I believe in the rule of law where the law is fair ... But when it's unjust, I don't think there's a problem with breaking it.' If any other person had said this in the context of civil and political rights, the words might not be so incendiary. Laws are not as neutral as we imagine them to be. They are constructed by individuals of immense power, with their own set of values and connections.

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  • AUSTRALIA

    Retrospectivity a blow to the rule of law

    • Justin Glyn
    • 29 June 2015
    8 Comments

    Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.

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  • AUSTRALIA

    Excising the Rule of Law

    • Justin Glyn
    • 21 April 2015
    15 Comments

    When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.  

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  • RELIGION

    More than rules, Church needs a change of heart

    • Tracey Edstein
    • 30 May 2019
    19 Comments

    There are guidelines, rules and laws galore. None of these stopped clergy and church personnel abusing children, or necessarily led those in authority to act. The community could therefore be forgiven a certain scepticism. Legislative changes, stronger governance and mission statements mean little without a change of heart.

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  • INTERNATIONAL

    The inherent rationality of gun laws and nuclear disarmament

    • Andrew Hamilton
    • 10 October 2017
    5 Comments

    It is heartening that the Nobel Peace Prize went to an Australian initiated group pressing for nuclear disarmament. It is disheartening, though unsurprising, that the Australian government did not celebrate its achievement. Down under, deterrence is dogma.

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  • AUSTRALIA

    Lawyers the last line of defence for dumped refugees

    • Kate Galloway
    • 31 August 2017
    7 Comments

    It is true that lawyers, in doing their work, have interrupted the government's agenda of attempting to deny the humanity of asylum seekers. However, it goes to the heart of our system of governance that power is exercised within lawful boundaries. It is therefore ironic that the Minister, whose own powers are circumscribed by the Australian Constitution, and who is looking for an easy workaround, should criticise lawyers for being 'tricky'.

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  • INTERNATIONAL

    The cost so far of Filipinos' gamble on thug rule

    • Fatima Measham
    • 18 August 2016
    13 Comments

    I fret more than ever for friends and family in the Philippines. If life is so expendable, who can be safe? What if my brother-in-law is mistakenly identified as a drug 'pusher'? What if my dad goes to a cockfight and armed vigilantes do a drive-by? It is disheartening that many Filipinos seem to approve of Duterte's methods. This is the purge many had wanted. They see the current campaign as a necessary, painful transition to better things. They are wrong. Nothing personal, just history.

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  • INTERNATIONAL

    George Zimmerman in the Bizzaro world of US gun laws

    • Jim McDermott
    • 19 July 2013
    10 Comments

    Fearful men should not be able to walk suburban streets carrying hidden revolvers. Yet that's the Bizarro universe the US finds itself in. Politicians in the US and Australia take note: if you spend your time creating a climate of anxiety, whipping up hysteria or building walls in order to score political points, the eventual result is going to be children lying dead in your streets or drowned off your shores.

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  • AUSTRALIA

    Best of 2012: Thoughts on democracy from a martial law baby

    • Fatima Measham
    • 08 January 2013

    Today marks 40 years since martial law took effect in the Philippines. I was born during this time, part of a generation who grew up not knowing any other president. Given the numerous regressions that have occurred since, it is not surprising many Filipinos look back on the Marcos era with nostalgia. Friday 21 September 

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  • AUSTRALIA

    Insanity rules after ten years of war in Afghanistan

    • Irfan Yusuf
    • 07 October 2011
    12 Comments

    Today is the tenth anniversary of the war on Afghan jihadists. We civilised Westerners decided we’d had enough of barbarians flying planes into our skyscrapers, killing thousands of our civilians. And hence we sent our own planes to drop huge bombs on their villages and towns.

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  • AUSTRALIA

    Haneef case shaping future of Australian migration law

    • Kerry Murphy
    • 22 August 2007
    5 Comments

    Previously the Government has changed the Migration Act when Courts have held that the law was not to the liking of the Government. This week's judgment in favour of Dr Haneef — and the ourcome of the appeal — could be a very significant case in Australian jurisprudence.

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