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Keywords: Constitution

  • AUSTRALIA

    High Court not the answer to Nauru depravity

    • Frank Brennan
    • 04 February 2016
    24 Comments

    Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?

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  • MEDIA

    Battered broadcaster's Bolt delusion

    • Jeff Sparrow
    • 27 January 2016
    13 Comments

    Josh Bornstein compared the ABC to the victim in an abusive relationship, desperately trying to ward off the next blow by anticipating the criticism of its enemies. Certainly, enlisting Andrew Bolt to participate in a documentary on Indigenous constitutional recognition seems like a pre-emptive defensive move against the accusations of bias that are routinely levelled against the national broadcaster. For Bolt the arrangement is win-win; for the ABC it's yet another example of self-sabotage.

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  • AUSTRALIA

    2015 in review: Justice in recognition for Aboriginals

    • Frank Brennan
    • 15 January 2016
    9 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Turnbull-Abbott rivalry reveals Liberals' ideological chasm

    • John Warhurst
    • 01 December 2015
    9 Comments

    Historically, it was Labor that was dogged by splits and ideologues, while the Liberals were perceived as practical. But the ideological chasm between Abbott and Turnbull suggests the Liberals are now a broader church than Labor. The party's ideological and factional conflict will continue unabated as the government contemplates the two big public debates of its next term: a referendum on constitutional recognition of Aborigines and Torres Strait Islanders and a plebiscite on same sex marriage.

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  • AUSTRALIA

    Why Pope Francis is not an anti-Capitalist greenie

    • Frank Brennan
    • 23 October 2015
    4 Comments

    Francis knows there are all sorts of issues inside and outside the Church where for too long people with power have tried to keep the lid on, in the hope that the problems and complexities will go away, often by parodying those who see the problems or complexities as small 'l' liberals or cafeteria Catholics. He delights in being joyful and troubled while contemplating big problems, calling people of good will to the table of deliberation reminding them of the kernel of the Christian gospels. He has the faith and hope needed to lift the lid without fear and without knowing the answers prior to the dialogue occurring.

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  • AUSTRALIA

    Justice for Aboriginals grows out of recognition

    • Frank Brennan
    • 19 October 2015
    7 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.

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  • AUSTRALIA

    Political donations reform is not so easy

    • Jack Maxwell
    • 29 July 2015
    5 Comments

    Political donations give privileged access to powerful public officials to those who are wealthy. But public funding does little to reduce parties’ reliance on private money and radical control measures can fall foul of the Constitution. A 2013 High Court judgment finding that a ban on donations infringed the constitutional freedom of political communication.

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  • AUSTRALIA

    Modest but realistic hope for a 2017 Referendum

    • Frank Brennan
    • 22 July 2015
    7 Comments

    Australia is more mature and more complex than it was at the time of the 1967 Aboriginal citizenship referendum. We need to be very attentive to the diversity and (hopefully) emerging consensus of Aboriginal viewpoints. We also need to be attentive to what measures the leaders of our major political parties will be prepared to sponsor during the life of the next parliament, championing those measures in a referendum campaign.

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  • The reconciling power of our common experience of 'mother' land

    • Andrew McAlister
    • 10 July 2015
    1 Comment

    The past week's meeting at Kirribilli House between Aboriginal and Torres Strait Islander leaders and politicians decided on the establishment of a Referendum Council. We should not overlook the power of the land itself to reconcile us. Theologian, archaeologist, and biblical scholar Eugene Stockton, along with artist Terence O'Donnell, has just produced a timely booklet titled This Land, Our Mother.

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  • AUSTRALIA

    The limits to private ownership of property

    • Samuel Tyrer
    • 08 July 2015
    11 Comments

    Private property rights are one of the few rights expressly protected under the Australian Constitution, but broader societal interests must be taken into consideration. Compulsory acquisition of land for the greater public good has always been a fact of life for property owners. France is currently enacting laws to force supermarkets to give their unsold consumable food 'property' to charities. 

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  • AUSTRALIA

    The US Supreme Court's gay marriage overreach

    • Frank Brennan
    • 03 July 2015
    75 Comments

    In its determination that same sex couples have a constitutional right to marry, the US Supreme Court took it upon itself to discover a definitive answer in the silent Constitution on this contested social question. This is regrettable, because there can be no doubt that the democratic process was taking US society in only one direction, and the Court's unilateral intervention has reduced the prospects of community acceptance and community compromise regarding the freedom of religious practice of those who cannot embrace same-sex marriage for religious reasons.

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