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Keywords: High Court

  • RELIGION

    Gillard's Malaysia solution stumble

    • Frank Brennan
    • 09 August 2011
    21 Comments

    The Malaysia solution has hit a snag called the High Court of Australia. The Government is now in very stormy waters, because the rule of law and the separation of powers do not readily yield to the sound bites of populist sentiment and the fear tactics of politicians.

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  • AUSTRALIA

    Gillard's chaplaincy challenge

    • John Warhurst
    • 02 August 2011
    13 Comments

    In the midst of debates about same sex marriage that will test and probably break relations between the Gillard Government and some Christian communities, the chaplaincy program is seen by both camps as a win-win. A challenge to be considered by the High Court this month could change all that.

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  • AUSTRALIA

    Why Mabo deserves a holiday

    • Paul W. Newbury
    • 03 June 2011
    12 Comments

    The anniversary of the Mabo decision is significant enough to be made a public holiday. If it replaced the Queen's Birthday, this would reflect our maturation as a nation, as we grow away from Britain, and grow up by owning the past and our mistreatment of Indigenous Australians.

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  • AUSTRALIA

    Aung San Suu Kyi, refugees and bikies

    • Michael Mullins
    • 15 November 2010
    7 Comments

    The release on Saturday of Burma's democracy hero Aung San Suu Kyi, and last week's Australian high court decisions regarding refugees and bikies, each contain salutary lessons for governments that attempt to rule by popular fear.

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  • INTERNATIONAL

    Asylum seeker decision tests Government sportsmanship

    • Kerry Murphy
    • 12 November 2010
    6 Comments

    A litmus test for the health of a democracy is what a Government does when it loses cases in the highest court in the land. The first consequence of yesterday's High Court decision regarding the cases of two Tamil asylum seekers is that many cases will need to be reconsidered.

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  • ARTS AND CULTURE

    Confession of a football criminal

    • Frank O'Shea
    • 28 April 2010
    7 Comments

    The case was not reported in the local paper, much to our disappointment, so we never had the distinction of being described as 'local youths'. In our pre-teen innocence, we were convinced our parents would appeal, all the way to the High Court if necessary. They had more sense.

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  • AUSTRALIA

    How the High Court failed native title

    • Sarah Burnside
    • 26 October 2009
    5 Comments

    Mining states often view native title as bureaucratic red tape that slows down the industry. But the Native Title Act has never given Aboriginal people a right of veto. The High Court recently set an unfortunate precedent that further hinders the ability of traditional owner groups to negotiate.

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  • INTERNATIONAL

    When freedom of religion trumps free speech

    • Mick MacAndrew
    • 11 August 2009
    16 Comments

    In April, Germany's highest court ruled against animal rights group PETA. It said the Holocaust is part of the identity of being a Jew, and any attempt to use the fate of the victims for trivial reasons is a defamation of the religion.

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  • RELIGION

    My friend Justice Kirby

    • Frank Brennan
    • 03 February 2009
    9 Comments

    Prior to convening his own farewell ceremony yesterday, Kirby published his last dissenting judgment, stating Aborigines should have their day in court over the Intervention. Though respecting tradition, Kirby has long thrived on conflict and change.

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  • RELIGION

    Sir Ronald Wilson's life in compartments

    • Frank Brennan
    • 17 October 2007

    At his swearing in as a High Court judge, Sir Ronald Wilson noted the significance of rich personal relationships. Early in his career he forged links with police and lawyers, becoming known as a ruthless prosecutor. Later it was with members of the Stolen Generation, who held him in high regard and with great affection.

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  • RELIGION

    Thrown out of court

    • Frank Brennan
    • 05 July 2006

    In February all seven judges of the High Court threw out Immigration Minister Philip Ruddock’s ‘privative clause’ which was an attempt to deny asylum seekers and all other visa applicants access to the courts.

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  • AUSTRALIA

    Righting wrongs

    • Greg Barns
    • 14 May 2006

    The High Court’s judgment  that the Family Court did not have the authority to release children from the Baxter detention centre provides a compelling reason for Australia to revisit the question of a Bill of Rights.

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