Welcome to Eureka Street
Looking for thought provoking articles?Subscribe to Eureka Street and join the conversation.
Passwords must be at least 8 characters, contain upper and lower case letters, and a numeric value.
Eureka Street uses the Stripe payment gateway to process payments. The terms and conditions upon which Stripe processes payments and their privacy policy are available here.
Please note: The 40-day free-trial subscription is a limited time offer and expires 31/3/24. Subscribers will have 40 days of free access to Eureka Street content from the date they subscribe. You can cancel your subscription within that 40-day period without charge. After the 40-day free trial subscription period is over, you will be debited the $90 annual subscription amount. Our terms and conditions of membership still apply.
Israel is one of the world's developed countries that is attempting to deter asylum seekers from accessing the protection that international refugee law entitles them to. Yet Israel is a state with refugeehood in its roots. Israeli refugee advocates have encouraged a change of policy on the basis of Jewish exile in Egypt as recorded in the Torah.
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.
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.
'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.
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.
The cycle of election, opposition protest, social and political instability that provokes a royal approved military intervention underlies how immature democracy is in Thailand. Unfortunately, in the medium term — the next five years — it will be 'same, same' unless there is a circuit breaker. That may come with the next trigger to instability which has to be set off sooner rather than later: the death of a very frail royal person.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
Last week I went to the Royal Commission and had a private session, which means, in short, that I am a victim of sexual abuse. That history spanned nearly three decades. My encounters with one perpetrator prepared me for more harrowing experiences during adolescence, and later in a marriage that turned violent. While I commend the Royal Commission process for its sensitivity and professionalism, I would like to offer some alternative thinking.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
President Mohamed Morsi did not govern particularly well. Egypt's rating on the Failed State Index has slipped from 45 to 34 since the fall of Mubarak. But the truth is that this crisis was not merely 12 months in the making, and Egypt's democracy was merely grafted on to a structure in which the military was the real power.
Frank Brennan's address 'Recognising Aboriginal and Torres Strait Islander People in the Constitution' presented at the 18th National Schools Constitutional Convention, The Museum of Australian Democracy at Old Parliament House, 21 March 2013.