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Keywords: Criminal Law

  • INTERNATIONAL

    Is peace possible?

    • Justin Glyn
    • 10 December 2024

    Peace is hard to define, harder to achieve, and almost impossible to sustain. In a world obsessed with profit, simplistic narratives, and selective outrage, peace feels like a lofty ideal rather than a realistic goal. But what would it take to make peace more than a buzzword—and a true global reality?

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  • AUSTRALIA

    New immigration laws treat humans as parcels

    • Andrew Hamilton
    • 04 December 2024

    Australia’s recent immigration detention laws reveal a stark shift in governance, prioritising power over human dignity. As families face indefinite separation and bureaucrats enforce policies with brutal efficiency, the High Court's rebuke offers a glimmer of ethical resistance. But can such laws truly claim legitimacy in a democratic society?

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  • AUSTRALIA

    Offshore people dumping by a spooked government

    • Frank Brennan
    • 04 December 2024
    1 Comment

    When High Court rulings challenge government policy, they usually prompt reflection and refinement. But for the Federal Government, a recent decision on non-citizen rights has sparked a legislative overreach, mirroring the Opposition’s hardline stance. 

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  • AUSTRALIA

    Long-term detention, curfews and ankle bracelets for asylum seekers under the rule of law

    • Frank Brennan
    • 08 November 2024
    7 Comments

    Last week, Australia’s High Court blocked government restrictions on non-citizens with criminal records. As Parliament scrambles to impose new restrictions, Chief Justice Stephen Gageler’s court remains steadfast against policies deemed discriminatory and excessively punitive.

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  • INTERNATIONAL

    Could a backlash to 'wokeness' hand Trump a second term?

    • Dotan Rousso
    • 31 October 2024
    1 Comment

    Beyond economic and national security agendas, Trump’s appeal, more visceral than policy-driven, hinges on tapping into a collective disillusionment — one that sees progressive ideology as veering into an unforgiving orthodoxy.

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  • AUSTRALIA

    Demonic youths and sacred children

    • Binoy Kampmark
    • 31 October 2024
    3 Comments

    Two narratives dominate Australia’s view of children. The first casts them as dangerous, irredeemable offenders. The second, as vulnerable innocents threatened by risks online. Both anxieties reveal deep-seated tensions over safety, innocence, and societal responsibility.

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  • AUSTRALIA

    Seeking refuge, finding red tape

    • Kerry Murphy
    • 05 July 2024

    There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.

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  • AUSTRALIA

    Building constitutional bridges: In conversation with Frank Brennan

    • David Halliday
    • 28 June 2024
    13 Comments

    It's been eight months since the Voice referendum, and people are starting to grapple with what its defeat means for Australia. There are few voices in Australia as qualified to conduct a postmortem of the outcome of the Voice referendum campaign as Frank Brennan. We examine what lessons can be learned and crucually, whether there’s reason for hope for Indigenous constitutional recognition.

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  • AUSTRALIA

    For better laws on family violence, we need better data

    • Andrew Hamilton
    • 27 June 2024
    9 Comments

    In addressing family violence, the immediate emphasis must be to protect women and children. But if the only response is harsher penalties in addressing any social problem, it is bound to be ineffective. Regulation depends also on understanding why people are drawn to behave badly and how the culture that supports it can be changed.

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  • AUSTRALIA

    The Sentencing of David McBride

    • Binoy Kampmark
    • 11 June 2024
    2 Comments

    Former Australian military lawyer David McBride was convicted for leaking documents to the ABC which exposed war crimes in Afghanistan. He is the sole individual to be convicted in exposing alleged atrocities in the Afghanistan campaign by Australian special forces. 

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  • INTERNATIONAL

    Trump, convicted

    • David Halliday
    • 11 June 2024
    4 Comments

    When Donald Trump was found guilty of 34 counts of falsifying business records, it represented a long-awaited triumph of the rule of law in the United States. But the verdict may not mean much in the long run, and has not affected Trump's popularity among voters. Watching Trump’s conviction from afar prompts us to consider how good we have it.

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  • AUSTRALIA

    Under pressure from High Court and Dutton, government rushes immigration bill

    • Frank Brennan
    • 13 May 2024
    2 Comments

    The Albanese government’s refugee and asylum policy is in a mess. When Minister Giles introduced his Migration Amendment Bill, they bypassed typical parliamentary procedures, wanting to be seen as tougher than Peter Dutton in getting unvisaed non-citizens out of the country. It’s time for the government to return to due process in this whole field. 

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