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Keywords: Second Amendment

  • AUSTRALIA

    Dual citizenship should be a plus in modern Australia

    • Fatima Measham
    • 21 July 2017
    38 Comments

    There are layers of frustration around the resignation of Greens senators Scott Ludlam and Larissa Waters due to dual citizenship. The immediate loss of two of Australia's better parliamentary performers - on any side of politics - is unfortunate. For no one in their orbit and nothing in the AEC nomination process to have caught something so fundamental is unsettling, but perhaps not that odd. Presumptions of Australian-ness are more or less adjudicated on a certain kind of look and surname.

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 31 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • EDUCATION

    Gonski in an age of budget repair

    • Frank Brennan
    • 24 May 2017
    20 Comments

    The level of consultation prior to the announced changes was appalling. But that is water under the bridge. It's time to enunciate some clear principles, and for respectful consultations to take place investigating how those principles can be best applied. This must be done within the realistic political environment in which we find ourselves. At the same time the Catholic system should ensure its schools are more available to the poor, enacting Pope Francis's desire for 'a Church which is poor and for the poor'.

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  • INTERNATIONAL

    Assange detention is far from over

    • Binoy Kampmark
    • 22 May 2017
    7 Comments

    The European Union, according to Assange, has been captivated by an unhealthy interest in indefinite detention: 'There is no time limit that someone can be detained without charge. That is not how we expect a civilised state to behave.' Prematurely, tabloid press and outlets were wondering if the latest developments meant the end of the drama. A statement from the Metropolitan Police dispelled any doubts about Assange's plight, should he wish to leave his narrow digs in Knightsbridge.

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  • RELIGION

    Let's amend 18C to say what it means

    • Frank Brennan
    • 14 March 2017
    24 Comments

    The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.

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  • AUSTRALIA

    Freedom of conscience and same-sex marriage

    • Jack Maxwell
    • 23 January 2017
    25 Comments

    Two issues can be dealt with shortly. First, ministers of religion must be free to solemnise marriages in accordance with their beliefs. Second, there is no basis for extending a similar concession to marriage celebrants. The case of commercial service providers is more complex. Many argue that caterers, florists, reception centres and so on should be free to refuse to participate in same-sex weddings, on the basis of their religious beliefs. The case for the commercial exemption is unconvincing.

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  • AUSTRALIA

    Five reasons to welcome US Manus deal

    • Frank Brennan
    • 14 November 2016
    12 Comments

    The government has struck a deal with the USA which provides hope at last for the 1600 proven refugees on Manus and Nauru. There's still a lot of work to be done before these refugees can get on with their lives after three years of hopeless agony. Gone are the days of presuming that those who arrive without visas are in direct flight from persecution. Gone are the days when they get first option on the available humanitarian places. I welcome the government's decision, and await the detail.

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  • AUSTRALIA

    Punitive truth behind Dutton's 'sham marriage' furphy

    • Kerry Murphy
    • 11 November 2016
    14 Comments

    'We're not going to allow people who have sought to come by boat to come to Australia through a backdoor and we are not going to allow sham marriages to facilitate that,' said Peter Dutton. Given all the existing checks and hurdles, why have a ban? It would only affect about 2000 people; the other 35,000 who came by boat before 19 July 2013 or were not sent to Nauru and Manus Island are not affected. The true intention is to further punish the people we dumped on our Pacific neighbours.

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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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  • 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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  • AUSTRALIA

    A Human Rights Day tribute to the Northern Territory's Tony Fitzgerald

    • Frank Brennan
    • 10 December 2015

    I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.

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  • RELIGION

    'Equal laws and equal rights ... dealt out to the whole community'. How close 161 years on?

    • Frank Brennan
    • 04 December 2015
    1 Comment

    'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.

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