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It was far from democratic and arose from circumstances of pure opportunism, but the Magna Carta was created as a break on arbitrary rule and power. Therefore contemporary moves to undermine such principles as the rule of law are prescient. Australia's parliament commemorates its birthday even as it extends the reach of national security laws and endorses a draconian refugee policy.
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
Complaints about hypocrisy are rarely edifying. But it’s not so easy to dismiss the charge of a Jakarta Post opinion writer that Canberra is trying to save Myuran Sukumaran and Andrew Chan from the firing squad ‘while slowly disposing of “abject bodies” it does not want through inhumane detention camps or returning them to foreign regimes that will probably finish the job for them’.
What a dreadful year it has been for parliamentary democracy. Speaker Bronwyn Bishop has taken pride in the number of members she has ejected. Senator David Leyonhjelm has introduced his same sex marriage bill in an orderly fashion, but the decision will rest with the Abbott Government, which won't want to to hand the bouquet for breaking the logjam to Leyonhjelm. To get arrangements for the bearing and nurturing of children right, we need our parliament to be a more considered and dignified place than a battlefield.
Physician assisted suicide and euthanasia are back, in the courts of Canada and the UK, and in the parliaments of the UK and Australia. The Australian Senate is considering the Greens' formulation of a broad and fuzzy law that goes further than UK proposals in that it would allow Dr Philip Nitschke to administer a fatal injection.
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.
The theory of just war has evolved as a way of laying out the conditions under which a war may be justified morally. The case against ISIS in terms of it being an aggressive force inflicting lasting, grave and certain damage is compelling. Millions of Iraqis and Syrians have been displaced and there is widespread hunger.
Terrorism is a real threat but it is hardly a killer on the scale of coronary heart disease or accidental falls, both of which far outstrip terrorism as killers on Australian Bureau of Statistics data. Blanket rollbacks of important civil liberties, until recently taken for granted, cannot but provoke the suspicion that terrorism has become a diversion of the public's attention from something much more sinister.
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
The way to a better society does not lie simply in defending either liberty or equality, still less in the victory of one of these values over the other. It lies in bringing together a passion both for liberty and for equality and holding them together.
It never looks like hard work. I’ve just rolled my sleeves up while I stare at an old shoe in the corner of the room for hours. I’ve sweated a day in my life as I skewer a stare right through the Friday morning waitress – the brick wall behind her.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
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