Category: Human rights (page 1 of 3)

The Past, Present and Future of Institutional Law Reform in Australia

BY THE HON MICHAEL KIRBY AC CMG

Academic lawyers in Australia have long played a vital role in the national project of law reform. They thought about it; they wrote about it; they worried about its haphazard ways; and they … Read the rest

Indigenous people in gaol: what needs to change

BY MARIA NAWAZ AND ANNA CODY

It’s been thirty years since the Royal Commission into Aboriginal Deaths in Custody brought national attention to the disproportionate impact of the criminal justice process on Aboriginal and Torres Strait Islander people. The shocking … Read the rest

Senator Paterson’s Same Sex Marriage Bill: Incompatible with International Human Rights

BY ANJA HILKEMEIJER

 

Two days before the release of the result of the Same Sex Marriage Survey, Liberal Senator James Paterson made public a Bill that would allow anyone who has a strong belief in ‘traditional marriage’ to refuse … Read the rest

The trajectory of structured proportionality in implied freedom of political communication cases: Brown v Tasmania

  BY SHIPRA CHORDIA

On 18 October, the High Court handed down its judgment in Brown v Tasmania [2017] HCA 43.  The plaintiffs – Dr Bob Brown and Ms Jessica Hoyt – successfully argued that certain provisions of the Workplaces Read the rest

The Right to Protest after Brown v Tasmania

BY JOHN ELDRIDGE AND TIM MATTHEWS

The common law has historically been hostile to the importance of public protest. Indeed, A V Dicey, in his seminal An Introduction to the Study of the Law of the Constitution, was categorical … Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest

Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

Knight’s Watch: Ad Hominem Parole Legislation Hits the High Court

BY SARAH MURRAY

Section 74AA of the Corrections Act 1986 (Vic) is an extraordinary provision. Ad hominem in nature, it is directed at Julian Knight. Knight, perpetrator of the Hoddle Street massacre, was sentenced in 1988 by the Victorian … Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

Human Rights To BREXIT …. And Beyond

BY CONOR GEARTY 

It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

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