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Keywords: Constitution

  • AUSTRALIA

    Constitutional change that will improve indigenous quality of life

    • Frank Brennan
    • 01 July 2015
    6 Comments

    Those Aborigines who are most at home in modern Australia tend to be those with a secure foothold in both the Dreaming and the Market. Those who are most alienated and despairing are those with a foothold in neither. Constitutional change alone won't make things better. But a good Constitution is a better complement to other measures – such as a statutory charter – than a bad one.

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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

    The path to a successful referendum

    • Frank Brennan
    • 28 May 2015
    5 Comments

    We gather on the 48th anniversary of the 1967 referendum. All major political parties to an agreed referendum question when going into the next federal election, with the understanding that the new government and the new parliament would proceed to put a referendum to the people, perhaps on Saturday 27 May 2017, the fiftieth anniversary of the successful 1967 referendum.

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  • AUSTRALIA

    Slow progress in Constitutional recognition for Indigenous Australians

    • Frank Brennan
    • 19 May 2015
    7 Comments

    Our Constitution is premised on the outdated notions of terra nullius and assimilation. It is more than three years ago since the Gillard Government set up an Expert Panel, and the Abbott Government is waiting for consensus. Noel Pearson is right to insist that Aboriginal leaders need a place at the table.

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  • RELIGION

    Constitutionally Australia is a religious country

    • Kevin Donnelly
    • 03 November 2014
    29 Comments

    Unlike France, Australia's Constitution specifically accepts the place of religion in the broader society, with its reference to Almighty God in the Preamble. Its only stipulation is that governments should not privilege one religion over another, or unfairly discriminate. Moreover, our legal system and institutions might be secular in nature, but they draw heavily on Christian ethics and morality.

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  • INTERNATIONAL

    Scotland's brave quest for self-determination

    • Duncan MacLaren
    • 16 September 2014
    31 Comments

    Prime Minister Tony Abbott’s remarks on the Scottish independence debate were front page news in Great Britain. If Mr Abbott had actually visited Scotland rather than follow the advice of the British PM, he would have seen that the whole debate had centred on the kind of society we wanted – one where social justice is paramount, our National Health Service is not privatised and rights are built into a written constitution.

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  • AUSTRALIA

    Border control shake-up takes us into dangerous waters

    • Tony Kevin
    • 13 May 2014
    46 Comments

    Scott Morrison has announced the formation of a powerful new paramilitary force with its own ideology, training and rank structure, answerable only to an immigration minister. There is a disturbing comparison that may be drawn between this new agency, apparently with no legal or constitutional checks and balances outside itself, and the Schutzstaffel security service established by Hitler and answerable only to him as leader.

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  • AUSTRALIA

    It's hip to be a bigot in radical Abbott's Australia

    • Ray Cassin
    • 28 March 2014
    23 Comments

    The Howard Government's radical-right tendencies emerged gradually. By contrast, the Abbott Government has already sent multiple signals that it is intent to radically remake the political fabric. While the restoration of knighthoods to the national honours system is merely a wacky emanation of the prime ministerial psyche, the proposed amendments to the Racial Discrimination Act are corroding basic principles of constitutional democracy.

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  • AUSTRALIA

    Beware conservative slogans for Indigenous inclusion

    • John Warhurst
    • 31 January 2014
    5 Comments

    The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.

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  • AUSTRALIA

    High Court leaves same sex marriage door ajar

    • Frank Brennan
    • 16 December 2013
    30 Comments

    Until now, there was some doubt whether the Parliament's constitutional power to make laws with respect to marriage would be broad enough to include laws with respect to same sex marriage. The High Court has put this matter beyond doubt with all six sitting judges affirming that 'marriage' for the purposes of defining the constitutional power of the Parliament could not be confined to marriage in the traditional Christian sense.

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  • AUSTRALIA

    War fires should be left to smoulder

    • David Stephens
    • 11 November 2013
    12 Comments

    Remembrance Day has always been for Australians a quieter affair than Anzac Day, particularly as Anzac Day in recent years has taken on a brassy, bragging style. The historian Ken Inglis described Anzac as Australia's civil religion. Although we were the first country anywhere to come together under a national constitution after a mass popular vote, we downplay Federation and venerate instead a failed military campaign in Turkey in 1915.

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  • INTERNATIONAL

    Corruption and other stumbling blocks to PNG solution

    • Walter Hamilton
    • 26 July 2013
    11 Comments

    A constitutional challenge in PNG to the resettlement agreement could quickly destroy any disincentive value as far as people smugglers are concerned. Under the country's constitution, foreigners may not be detained unless they have broken the law in entering the country. Since the asylum seekers are being sent there against their will they cannot be held to have entered illegally.

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