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Keywords: Criminal Law

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

  • AUSTRALIA

    Long-term detention, curfews and ankle bracelets for asylum seekers under the rule of law

    • Frank Brennan
    • 08 November 2024

    Last week, Australia’s High Court blocked government restrictions on non-citizens with criminal records. As Parliament scrambles to impose new restrictions, Chief Justice Stephen Gageler’s court remains steadfast against policies deemed discriminatory and excessively punitive.

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  • INTERNATIONAL

    Could a backlash to 'wokeness' hand Trump a second term?

    • Dotan Rousso
    • 31 October 2024

    Beyond economic and national security agendas, Trump’s appeal, more visceral than policy-driven, hinges on tapping into a collective disillusionment — one that sees progressive ideology as veering into an unforgiving orthodoxy.

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  • AUSTRALIA

    Demonic youths and sacred children

    • Binoy Kampmark
    • 31 October 2024

    Two narratives dominate Australia’s view of children. The first casts them as dangerous, irredeemable offenders. The second, as vulnerable innocents threatened by risks online. Both anxieties reveal deep-seated tensions over safety, innocence, and societal responsibility.

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  • AUSTRALIA

    Seeking refuge, finding red tape

    • Kerry Murphy
    • 05 July 2024

    There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.

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  • AUSTRALIA

    Building constitutional bridges: In conversation with Frank Brennan

    • David Halliday
    • 28 June 2024

    It's been eight months since the Voice referendum, and people are starting to grapple with what its defeat means for Australia. There are few voices in Australia as qualified to conduct a postmortem of the outcome of the Voice referendum campaign as Frank Brennan. We examine what lessons can be learned and crucually, whether there’s reason for hope for Indigenous constitutional recognition.

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  • AUSTRALIA

    For better laws on family violence, we need better data

    • Andrew Hamilton
    • 27 June 2024

    In addressing family violence, the immediate emphasis must be to protect women and children. But if the only response is harsher penalties in addressing any social problem, it is bound to be ineffective. Regulation depends also on understanding why people are drawn to behave badly and how the culture that supports it can be changed.

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  • AUSTRALIA

    The Sentencing of David McBride

    • Binoy Kampmark
    • 11 June 2024

    Former Australian military lawyer David McBride was convicted for leaking documents to the ABC which exposed war crimes in Afghanistan. He is the sole individual to be convicted in exposing alleged atrocities in the Afghanistan campaign by Australian special forces. 

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  • INTERNATIONAL

    Trump, convicted

    • David Halliday
    • 11 June 2024

    When Donald Trump was found guilty of 34 counts of falsifying business records, it represented a long-awaited triumph of the rule of law in the United States. But the verdict may not mean much in the long run, and has not affected Trump's popularity among voters. Watching Trump’s conviction from afar prompts us to consider how good we have it.

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  • AUSTRALIA

    Under pressure from High Court and Dutton, government rushes immigration bill

    • Frank Brennan
    • 13 May 2024

    The Albanese government’s refugee and asylum policy is in a mess. When Minister Giles introduced his Migration Amendment Bill, they bypassed typical parliamentary procedures, wanting to be seen as tougher than Peter Dutton in getting unvisaed non-citizens out of the country. It’s time for the government to return to due process in this whole field. 

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  • AUSTRALIA

    Advocating against the wind

    • Andrew Hamilton
    • 08 May 2024

    With the Queensland Government changing the Youth Justice Act, detention of children will no longer be seen as a last resort, causing widespread dismay among youth justice advocates. It invites reflection on what we should expect when we advocate for a cause, ranging from climate change to perceived injustice, and how we should evaluate our efforts.

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  • AUSTRALIA

    Dodgy brothers lawmaking

    • Andrew Hamilton
    • 04 April 2024
    1 Comment

    This week, the Federal Government quickly introduced a new policy in response to a recent High Court decision that prevents them from indefinitely detaining a small number of individuals they wish to remove from Australia. 

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  • AUSTRALIA

    Spare the rod and respect the child

    • Andrew Hamilton
    • 28 March 2024
    2 Comments

    As a response to a wave of youth crime, some State Governments and Federal politicians have committed to policies that neglect the human reality of the young people concerned. This will likely have negative consequences both for those immediately affected and for society at large.

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