Was Operation Ironside illegal under Australian law? There is doubt, created by the AFP Commissioner Reece Kershaw, whether the much ballyhooed Operation Ironside was carried out according to the law of the land. The first duty of our police is to obey the law, even before enforcing it. We need open and honest answers rather than confuseed bluster and PR spin, CLA says.
Governments tend to write laws for the ‘big end of town’. Queensland is proposing new electoral laws which are likely to silence charities and community groups. The government should re-draft the proposed laws to ensure struggletowners have as much right to be heard as mining magnates and corporations. Constitutional law expert, Prof Anne Twomey, explains.
Prof Gillian Triggs – once Australia’s Human Rights Commissioner, now a Protection Commissioner at the UN – dissects the inadequacy of safeguards of citizens’ rights in Australia after the recent narrow ruling by Australia’s wimpish High Court on the Banerji case, She stresses how that and other cases highlight how urgent formal Rights protection is for the nation.
Riots highlight how and why the rule of law is a better guide to freedom and liberties than is the notion of democracy, Prof Richard Mulgan writes. For that reason, Australian society should be underpinned by a human rights act which guarantees all key aspects of what we think of as the rule of law.
The federal government is hell bent on boosting its powers to call out the troops at a moment’s notice anywhere in Australia, and even in anticipation of a problem occurring. The new law, now being considered by a parliamentary committee, would be perfect for using the Army, Navy and Air Force to protect President Trump when he visits, or to stop protestors at Adani mine or port sites, where fracking is about to get under way or any environmental protest is likely. The power to call out the troops should be very tightly constrained, which is the opposite of how this draft bill is written, says CLA CEO Bill Rowlings.
Civil Liberties Australia member and first-year ANU law student Elly McLean was pleased to be asked to be part of a CLA team appearing before a parliamentary committee inquiry. She was able to experience first-hand how laws are shaped and honed, and how groups like CLA make submissions and take part in ‘live’ hearings, which are recorded for the formal Hansard report of parliament’s proceedings. Here she gives her impressions of her first committee experience…indeed, her very first visit to the Australian Parliament.
The High Court has washed its hands of a precise ruling over the same-sex marriage plebiscite – is this a case of a ‘responsible’ body walking away from its apparent duty? 3 Oct 2017