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Keywords: High Court

  • AUSTRALIA

    Building constitutional bridges: In conversation with Frank Brennan

    • David Halliday
    • 28 June 2024

    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

    Sorry Days for reconciliation

    • Andrew Hamilton
    • 30 May 2024

    This Reconciliation Week and Sorry Day, we consider the defeat of the Referendum and the substantial failure to close the gap between the living conditions of Indigenous Australians and other Australians. It means that for many Aboriginal and Torres Strait Islanders, this week will be less about days of celebration than of grief and of grim resolve to continue to seek justice.

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  • AUSTRALIA

    Lessons from our failure to build a constitutional bridge in the 2023 Referendum

    • Frank Brennan
    • 27 May 2024

    Following the failure of the Voice referendum, many believed that the path to constitutional recognition is closed for Indigenous Australians. But they may be wrong. 

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  • AUSTRALIA

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

    • Frank Brennan
    • 13 May 2024

    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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  • AUSTRALIA

    Dodgy brothers lawmaking

    • Andrew Hamilton
    • 04 April 2024
    1 Comment

    This week, the Federal Government quickly introduced a new policy in response to a recent High Court decision that prevents them from indefinitely detaining a small number of individuals they wish to remove from Australia. 

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  • AUSTRALIA

    The curious case of Benbrika and a near-cancelled citizenship

    • Kerry Murphy
    • 19 December 2023
    3 Comments

    Accusing someone of being ‘un-Australian’ is easily done, but what crimes or potential threats to the security and safety of Australians should trigger the practice of stripping someone of their citizenship?

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  • AUSTRALIA

    How a High Court verdict upended indefinite detention

    • Kerry Murphy
    • 08 December 2023
    4 Comments

    On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.

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  • AUSTRALIA

    The High Court and the detention of asylum seekers

    • Frank Brennan
    • 04 December 2023
    8 Comments

    Last month, the High Court overturned a controversial 2004 decision, reaffirming the principle that asylum seekers cannot be detained indefinitely without prospects of deportation. This ruling not only corrects a historical misstep but also reasserts the High Court's commitment to limiting executive overreach.

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  • AUSTRALIA

    When law making bastardises the Law

    • Andrew Hamilton
    • 30 November 2023
    8 Comments

    Any legislation hastily designed to negate the effect of the High Court decisions will be vulnerable again to be struck down on judicial appeal. That haste suggests an initial disregard for human rights and the rule of law by Governments and an ingrained resistance to any limitation of its power. Vindictive laws come at a heavy cost to the integrity and reputation of the lawmakers. 

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  • AUSTRALIA

    Scott Morrison and the Bell inquiry

    • Binoy Kampmark
    • 30 November 2022
    1 Comment

    In 2020 and 2021, Scott Morrison secretly had himself appointed to administer the health, finance, treasury, home affairs and industry, science, energy and resources ministries. The newly elected Prime Minister Anthony Albanese charged Former High Court judge Virginia Bell with the task of investigating the affair.

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  • AUSTRALIA

    Devaluing freedom

    • Andrew Hamilton
    • 29 September 2022
    8 Comments

    Recently many people have expressed disquiet about the trend to authoritarian rule throughout the world. They have good reason for doing so. In the world we are entering, the freedom of citizens in the State depends on the will of Governments that will have no enforceable obstacle to withdrawing such freedoms on suspicion of future misconduct and not just for punishment of past, proven misconduct. 

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  • INTERNATIONAL

    The UK decision to extradite Assange

    • Binoy Kampmark
    • 19 July 2022
    3 Comments

    The only shock about the UK Home Secretary’s decision regarding the extradition of Julian Assange was that it did not come sooner. In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the solemn view that he was ‘duty-bound’ to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917, and one based on computer intrusion.

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