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Keywords: Court

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

  • AUSTRALIA

    The Path to a Referendum: From Uluru via Garma to Canberra and on to the People

    • Frank Brennan
    • 17 August 2022
    2 Comments

    We need to be able to do more than simply give notional assent to the Uluru Statement. We need to be able to contribute to the hard thinking and difficult discussions to be had if the overwhelming majority of our fellow Australians are to be convinced of the need for a Voice in the Constitution.

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  • AUSTRALIA

    Discovery or cover-up?

    • Andrew Hamilton
    • 11 August 2022
    9 Comments

    Much has recently written about the doctrine of discovery and its bearing on the treatment of Indigenous peoples, particularly in the United States where it grounded an early legal decision. The doctrine enshrined in law claims that the discovery of underpopulated and cultivated lands conferred on the discoverers the right to ownership, and was used to justify colonial occupation of territory in the Americas, Asia and Africa.

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  • ENVIRONMENT

    How should Labor handle nuclear waste storage in SA?

    • Michele Madigan
    • 04 August 2022
    9 Comments

    With $1 trillion of debt accumulating over the last seven years in attempts to establish a National Radioactive Waste Management Facility, the new Labor Government is facing mounting pressure to rethink the nuclear waste storage plan for Kimba.  

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  • AUSTRALIA

    Former detainee seeks compensation for unlawful detention

    • Maeve Elrington
    • 02 August 2022
    3 Comments

    Former detainee, Kurdish-Iranian refugee Mostafa ‘Moz’ Azimitabar, seeks compensation from the Federal Government for what he alleges was unlawful detention. Detained offshore in Papua New Guinea (PNG) and in Australia for almost eight years, Moz is seeking compensation in the Federal Court of Australia for the physical and emotional toll of his detention, particularly from the final 14 months of detention in two Melbourne based hotels.

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  • INTERNATIONAL

    The UK decision to extradite Assange

    • Binoy Kampmark
    • 19 July 2022
    3 Comments

    The only shock about the UK Home Secretary’s decision regarding the extradition of Julian Assange was that it did not come sooner. In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the solemn view that he was ‘duty-bound’ to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917, and one based on computer intrusion.

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  • ENVIRONMENT

    Vatican commits to Paris Agreement

    • Stephen Minas
    • 14 July 2022
    3 Comments

    Indicating the Vatican will be stepping up its climate diplomacy, the Holy See is now a formal party to the UN Framework Convention on Climate Change and has declared it intends also to formally join the 2015 Paris Agreement. The Holy See announced that it would be acceding to the Paris Agreement as soon as that treaty’s ‘legal requirements’ allow.

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  • INTERNATIONAL

    America after Roe v Wade

    • Chris Middleton
    • 05 July 2022
    17 Comments

    The overruling of the Roe v Wade decision by the Supreme Court in the Dobbs decision marks a significant moment in the abortion debate, while highlighting the deep fissures in America’s body politic. Despite the fact that the Supreme Court ruling had been foreshadowed months ago, the shock has been real.

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  • AUSTRALIA

    The grace of courtesy

    • Andrew Hamilton
    • 23 June 2022
    7 Comments

    Since the Federal Election one of the most refreshing features has been the new Prime Minister’s connection with people. Whether it is shown by riding a bamboo bicycle with the Indonesian President, expressing sympathy for the Nadesilingam family for their prolonged ordeal before returning to Biloela or agreeing with Jacinda Ardern, herself a model of public empathy, about the unreasonableness of expelling to New Zealand people who had never lived there, his actions displayed a readiness to listen and to enter the experience of other people.

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  • AUSTRALIA

    Can the Class of '22 fix Australian Democracy?

    • Tim Dunlop
    • 22 June 2022
    5 Comments

    Concern about political malfeasance in Australian politics was one of the issues that drove the influx of new members (mainly women) into the Australian Parliament on 21 May, and they are promising a raft of reforms. The astounding thing is that we managed to leverage the change of 21 May 2022 within the confines of a system that inherently favours the status quo, the preferential voting system tending to channel votes back to the major parties.

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  • AUSTRALIA

    The justice of Sir Francis Gerard Brennan

    • Michael Kelly
    • 16 June 2022
    3 Comments

    The Court in Mabo, where Brennan J led majority, put an end to the notion of Terra Nullius, by which the British could claim that land in Australia was ripe for the picking because it belonged to no one, and opened the claims to land ownership to a much wider group including the traditional owners. The follow-up judgement in Wik took that understanding even further.

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  • AUSTRALIA

    On Bernie Finn

    • Julian Butler
    • 03 June 2022
    1 Comment

    Bernie Finn is not a figure I would naturally warm to. He has a rambunctious, contrarian persona that grates. A few months ago, if you had said to me that he would be expelled from the Victorian Liberal Party, I would have imagined it would be for some position or action I find egregious. Instead, he has been expelled for a position I essentially share.

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  • RELIGION

    Roe vs Wade: The Bishops’ dilemma

    • Miles Pattenden
    • 26 May 2022
    19 Comments

    News leaked earlier this month that the US Supreme Court plans to overturn its most famous decision, that in Roe vs Wade (1973) which protects a pregnant woman's freedom to choose to have an abortion without excessive government restriction. The decision has attracted much criticism both in the past and now on account of its dubious legal reasoning – in particular, its attempt to link the right to abort to a right to privacy which itself was notional and not specified in the US Constitution.

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