Category: Human rights (page 1 of 4)

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest

The Northern Territory Court of Appeal Goes Off the Beaten Track

BY CHRIS RONALDS SC AND CRAIG LONGMAN

In the recent decision of Munkara v Bencsevich & Ors, the Northern Territory Court of Appeal appears to have adopted an interpretation of s 10 of the Racial Discrimination Act 1975 (Cth)Read the rest

Removing the Goal Posts: Manipulation of ‘Country Information’ and Public Law

BY JOSEPH LAVELLE WILSON AND DOUGLAS MCDONALD-NORMAN

‘Country information’ is information about other countries, which plays an essential role in refugee status determination (RSD). In Australia, RSD is conducted by officers of the Department of Home Affairs and by the … Read the rest

Fairness and Efficiency in the Migration ‘Fast Track’ Process

BY MARIA O’SULLIVAN

Case law dealing with migration has been highly influential in the development of administrative law in Australia, particularly in relation to procedural fairness. The High Court has developed a robust set of procedural fairness principles in the … Read the rest

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest

Religious Freedom: One Right Among Many

BY CAROLYN EVANS

Back in 2008, the then Government commissioned Jesuit priest and human rights lawyer Father Frank Brennan to chair a National Human Rights Consultation.

At the time, there was no consensus among the groups consulted about the … Read the rest

The Principle of Legality as a Reflection of the Constitutional Relationship between Parliament and the Courts

BY DAN WESTBURY

Australian legislatures and courts interact through the process of statutory construction. As part of this process, the principle of legality represents a subtle constraint by courts on Parliament. It is a rule of statutory interpretation that courts … Read the rest

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

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