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Keywords: Law

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

  • RELIGION

    Pell abuse saga reeks of incompetent policing

    • Frank Brennan
    • 29 July 2016
    81 Comments

    Wednesday night's ABC 7.30 program carried allegations against Cardinal George Pell which, if true, are devastating: life ruining for victims like Damian Dignan and Lyndon Monument; confronting for all citizens committed to the wellbeing of children; and earth shattering for Catholics who still have faith in their church. The report is also troubling for those of us concerned about due process and the rule of law - not as academic notions for lawyers but as the secure bulwarks of a society in which everyone's rights and interests are protected.

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  • AUSTRALIA

    Don Dale abuse is a symptom of a sick justice culture

    • Julie Kimber
    • 27 July 2016
    13 Comments

    The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.

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  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 25 July 2016
    7 Comments

    Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

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  • AUSTRALIA

    Legal grey area hinders Aboriginal repatriation

    • Kate Galloway
    • 17 June 2016
    3 Comments

    Until the 1940s, bodies of deceased Aboriginal and Torres Strait Islander people were sent to museum, scientific, and private collections around the world. The remains of more than 1000 Aboriginal and Torres Strait Islander Australians continue to be held overseas in collections. Indigenous Australians have worked tirelessly towards repatriation, and there has been some success in recent decades. Unfortunately, the remains tend to fall into a grey area of Australian law.

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  • AUSTRALIA

    Recognition or treaty ... Why not both?

    • Kate Galloway
    • 18 May 2016
    19 Comments

    Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.

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  • INTERNATIONAL

    New Canadian and US laws revive euthanasia debate

    • Frank Brennan
    • 17 May 2016
    30 Comments

    Once the state legislates to permit assistance with the suicide of a dying, suffering, mentally competent person, the door could well be opened to those who agitate a right to kill and not just a liberty to assist with suicide, and that door could be pushed open onto a class of patients which ultimately will include those who are not dying at all That door is now wide open in Belgium and the Netherlands, while he Canadian Parliament is trying to place appropriate limits. I'm for keeping that door firmly shut.

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  • AUSTRALIA

    Legislating for human dignity without being misty-eyed

    • Kate Galloway
    • 02 May 2016
    23 Comments

    I have often wondered at the likely success of entreaties to compassion for asylum seekers. This is not because I do not personally feel compassion for these people. And it is not because I do not believe that it is morally correct to show compassion, including through government policy. Rather my response is partly a factor of my training as a lawyer. Through my legal eyes, I can see little hope for appeals to politicians to show compassion. My conditioned response instead is to appeal to law.

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  • INTERNATIONAL

    Paying for stopping the boats

    • Kerry Murphy
    • 29 April 2016
    9 Comments

    This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.

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  • INTERNATIONAL

    Cheque book solution on asylum is unconstitutional

    • Frank Brennan
    • 28 April 2016
    33 Comments

    A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.

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  • ENVIRONMENT

    Depp dog stunt distracts from real ecological violence

    • Bronwyn Lay
    • 21 April 2016
    15 Comments

    In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.

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  • INTERNATIONAL

    Invincible Nikitas learns to lose

    • Gillian Bouras
    • 06 April 2016
    7 Comments

    My grandson Nikitas is ten. When his name was chosen I was haunted by memories of Russian leader Khruschev and his long-ago shoe-banging performance at the United Nations. My son and daughter-in-law patiently explained that their son was to be called after Nikitaras, a hero of the Greek War of Independence. Thankfully, young Nikitas does not divide the world into friends and enemies, at least not so far. But he is very competitive; perhaps his name, which means invincible, influences his outlook.

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  • AUSTRALIA

    Greens' senate reform spin is sweetened nonsense

    • Binoy Kampmark
    • 23 March 2016
    19 Comments

    The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.

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