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Keywords: Supreme Court

  • INTERNATIONAL

    The cost so far of Filipinos' gamble on thug rule

    • Fatima Measham
    • 18 August 2016
    13 Comments

    I fret more than ever for friends and family in the Philippines. If life is so expendable, who can be safe? What if my brother-in-law is mistakenly identified as a drug 'pusher'? What if my dad goes to a cockfight and armed vigilantes do a drive-by? It is disheartening that many Filipinos seem to approve of Duterte's methods. This is the purge many had wanted. They see the current campaign as a necessary, painful transition to better things. They are wrong. Nothing personal, just history.

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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

    Reflecting on justice for asylum seekers during an election campaign

    • Frank Brennan
    • 30 May 2016
    5 Comments

    'Being in the middle of an election campaign, I will not be making any partisan party political points. However being here in the bellwether seat of Eden-Monaro, I will conclude with a critique of both major political parties, and with one piece of political advice for citizens of goodwill seeking a national asylum policy more in harmony with the ideals set out by our bishops in their social justice statement.' Yass Catholic Parish Potluck Dinner, 28 May 2016

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  • ARTS AND CULTURE

    Inside Nauru nightmare

    • Tim Kroenert
    • 19 May 2016
    4 Comments

    With PNG's Supreme Court finding last month that the detention of asylum seekers on Manus Island was unconstitutional, the shamefulness of Australia's border protection policies was once again laid bare. Advocates will be familiar with the facts and arguments that Chasing Asylum articulates. What sets it apart is its wealth of hidden camera footage caught within the grim confines of the centre on Nauru, and Orner's conversations with detainees and social workers who bore witness to the dire daily reality there.

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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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  • AUSTRALIA

    Vacuous politics breeds vacuous politicians

    • Justin Glyn
    • 15 March 2016
    6 Comments

    The standard explanation for the rise of 'outsider' figures like Donald Drumpf in the US and Clive Palmer in Australia is that there is disillusion in democratic countries with 'politics as usual'. Neal Gabler has blamed the media for turning politics into celebrity theatre. While he has pinpointed the symptom, I suggest that he has it exactly the wrong way around. It is because politics has already been hollowed out to be a slanging match of personalities rather than ideas that vacuous celebrities can flourish.

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  • ENVIRONMENT

    A word to the wise on selling climate action

    • Greg Foyster
    • 11 March 2016
    3 Comments

    The best known examples of framing come from American cognitive linguist George Lakoff. He argues that George W. Bush replaced the phrase 'tax cuts' with 'tax relief' to reframe paying tax as an affliction. Embedded in those two words is a neo-conservative worldview against government intervention in the private sphere. If you accept the term, you absorb the worldview. In a similar way, a few words could build political will to tackle climate change. The problem is no one is sure what they are.

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  • RELIGION

    Year of Mercy's opportunity for Aboriginal reconciliation

    • Frank Brennan
    • 07 March 2016

    'On his last two visits to Latin America, Pope Francis has focused on past and present relationships between indigenous peoples and their colonisers. This Jubilee Year of Mercy perhaps it could be a blessed moment for Aboriginal Australians and descendants of their colonisers to walk together through the Door of Mercy at the St Francis Xavier Cathedral, calling to mind the sins and endeavours of the past, the achievements and commitments of the present, and the hopes and aspirations of the future.' Fr Frank Brennan SJ, Lenten Talk, Norwood Parish, 3 March 2016

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  • INTERNATIONAL

    Why Australia is missing the revolution

    • J. R. Hennessy
    • 19 February 2016
    24 Comments

    The aftershocks of the late-century push for liberalisation and the GFC have bred generations of dislocated voters who seek answers outside of the limited solutions of centrist governance. This provides ample opportunity for true progressive change, as seen in Europe and Latin America, and now the US and UK. Where's Australia? Nowhere to be seen. It is hard to imagine a truly progressive candidate emerging from our ossified political structures. There are a few reasons for this.

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