Can the Implied Freedom of Political Discourse Apply to Speech by Or About Religious Leaders?
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A Case for Structured Proportionality Under the Second Limb of the Lange Test
THE BALANCING ACT: A CASE FOR STRUCTURED PROPORTIONALITY UNDER THE SECOND LIMB OF THE LANGE TEST * BONINA CHALLENOR This article examines the inconsistent application of a proportionality principle under the implied freedom of political communication. It argues that the High Court should adopt Aharon Barak’s statement of structured proportionality, which is made up of four distinct components: (1) proper purpose; (2) rational connection; (3) necessity; and (4) strict proportionality. The author argues that the adoption of these four components would help clarify the law and promote transparency and flexibility in the application of a proportionality principle. INTRODUCTION Proportionality is a term now synonymous with human rights. 1 The proportionality principle is well regarded as the most prominent feature of the constitutional conversation internationally.2 However, in Australia, the use of proportionality in the context of the implied freedom of political communication has been plagued by confusion and controversy. Consequently, the implied freedom of political communication has been identified as ‘a noble and idealistic enterprise which has failed, is failing, and will go on failing.’3 The implied freedom of political communication limits legislative power and the common law in Australia. In Lange v Australian Broadcasting Corporation, 4 the High Court unanimously confirmed that the implied freedom5 is sourced in the various sections of the Constitution which provide * Final year B.Com/LL.B (Hons) student at the University of Western Australia. With thanks to Murray Wesson and my family. 1 Grant Huscroft, Bradley W Miller and Grégoire Webber, Proportionality and the Rule of Law (Cambridge University Press, 2014) 1. -
Theologians, Poets, and Lone Wolves: Mapping Medium-Specific Epistemologies of Radicalization
International Journal of Communication 14(2020), 1849–1867 1932–8036/20200005 Theologians, Poets, and Lone Wolves: Mapping Medium-Specific Epistemologies of Radicalization BRIAN T. HUGHES American University, USA Examinations into the roots of Islamist terrorism have frequently presented the phenomenon as a result of either perverting political–religious epistemologies into distorted, caricatured fundamentalisms, or, alternatively, as a return to form, whereby a pure, root ideology/metaphysic is rediscovered. The former approach reflects a discourse rooted in print media and characterized by logical argumentation, linear chronology, and deference to the text. The latter approach reflects a discourse rooted in modes of secondary orality, which posit a font of ideal essence that precedes expression. The figure of the digitally engaged lone wolf undermines these discourses. His violent extremism appears only Islamically inflected through an accretion of contradictory mediated encounters linking representations of violence, Islam, and the lone wolf himself. This article argues that a new approach and discourse should therefore emerge, specific to the hypertextual and rhizomatic qualities of multiplicity and contradiction that characterize the digitally engaged lone wolf. Keywords: terrorism, extremism, ISIS, Islamophobia, radicalization, discourse, medium theory, hypermedia, affect Scholars have identified successive waves of terrorist tactics and ideological pretexts in both the contemporary Islamist domain (Esposito, 2003b; Kepel, 2002; -
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research. -
THE ADELAIDE LAW REVIEW Law.Adelaide.Edu.Au Adelaide Law Review ADVISORY BOARD
Volume 40, Number 3 THE ADELAIDE LAW REVIEW law.adelaide.edu.au Adelaide Law Review ADVISORY BOARD The Honourable Professor Catherine Branson AC QC Deputy Chancellor, The University of Adelaide; Former President, Australian Human Rights Commission; Former Justice, Federal Court of Australia Emeritus Professor William R Cornish CMG QC Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge His Excellency Judge James R Crawford AC SC International Court of Justice The Honourable Professor John J Doyle AC QC Former Chief Justice, Supreme Court of South Australia Professor John V Orth William Rand Kenan Jr Professor of Law, The University of North Carolina at Chapel Hill Professor Emerita Rosemary J Owens AO Former Dean, Adelaide Law School The Honourable Justice Melissa Perry Federal Court of Australia The Honourable Margaret White AO Former Justice, Supreme Court of Queensland Professor John M Williams Dame Roma Mitchell Chair of Law and Former Dean, Adelaide Law School ADELAIDE LAW REVIEW Editors Associate Professor Matthew Stubbs and Dr Michelle Lim Book Review and Comment Editor Dr Stacey Henderson Associate Editors Kyriaco Nikias and Azaara Perakath Student Editors Joshua Aikens Christian Andreotti Mitchell Brunker Peter Dalrymple Henry Materne-Smith Holly Nicholls Clare Nolan Eleanor Nolan Vincent Rocca India Short Christine Vu Kate Walsh Noel Williams Publications Officer Panita Hirunboot Volume 40 Issue 3 2019 The Adelaide Law Review is a double-blind peer reviewed journal that is published twice a year by the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. -
The Impact of the Australian Catholic University's Paid Maternity Leave Provision
The Impact of the Australian Catholic University’s Paid Maternity Leave Provision Final Report Denise Thompson, Michael Bittman and Peter Saunders SPRC Report 3/04 Social Policy Research Centre University of New South Wales February 2004 The Impact of the Australian Catholic University’s Paid Maternity Leave Provision Final Report Denise Thompson, Michael Bittman and Peter Saunders Report Prepared for the Australian Catholic University ACU Maternity Leave Provisions For a full list of SPRC Publications see www.sprc.unsw.edu.au or contact: Publications, SPRC, University of New South Wales Sydney, NSW, 2052 Australia. Telephone: +61 (2) 9385 7802 Fax: +61 (2) 9385 7838 Email: sprcpub unsw.edu.au ISSN 1446-4179 ISBN 0 7334 2119 9 March 2004 The views expressed in this publication do not represent any official position on the part of the Social Policy Research Centre, but are the views of the individual author(s). ii ACU Maternity Leave Provisions Executive Summary • On 14 August 2001, the Australian Catholic University (ACU) announced that its new General Staff Enterprise Bargaining Agreement included a provision for one year’s paid maternity leave – 12 weeks on full pay and a further 40 weeks on 60 per cent pay. • This report assesses the impact of the ACU maternity leave provision on shaping the public debate on parental leave by examining how the issue has been covered in the media since its announcement, and how this has been incorporated into the broader debate on family-friendly workplace policies. • The project does not address the impact of the provisions on the ACU itself, or on its employees. -
A Study of Islamic State Terror Plots in the West Robin Simcox Published in 2015 by the Henry Jackson Society
“WE WILL CONQUER YOUR ROME ” A Study of Islamic State Terror Plots in the West Robin Simcox Published in 2015 by The Henry Jackson Society The Henry Jackson Society Millbank Tower 21-24 Millbank London SW1P 4QP Registered charity no. 1140489 Tel: +44 (0)20 7340 4520 www.henryjacksonsociety.org © The Henry Jackson Society 2015 The Henry Jackson Society All rights reserved The views expressed in this publication are those of the author and are not necessarily indicative of those of The Henry Jackson Society or its Trustees. Title: “We Will Conquer Your Rome”: A Study of Islamic State Terror Plots in the West By: Robin Simcox ISBN 978-1-909035-22-5 £10.00 where sold All rights reserved Photo credits Islamic State flag: http://www.shutterstock.com/pic-237997351/stock-photo-islamic-state-isis-isil-sunni-jihadist-group-self- proclaimed-as-a-caliphate-it-claims.html?src=csl_recent_image-1 American flag: http://www.istockphoto.com/photo/american-flag-isolated-with-clipping-path-6406148 British flag: https://commons.wikimedia.org/wiki/File:Flag_-_Union_Flag.jpg French flag: http://www.shutterstock.com/dl2_lim.mhtml?id=77864683&size=huge_jpg&src=id “WE WILL CONQUER YOUR ROME” A Study of Islamic State Terror Plots in the West Robin Simcox www.henryjacksonsociety.org 1 “WE WILL CONQUER YOUR ROME” A Study of Islamic State Terror Plots in the West Acknowledgments Many thanks to Aram Alaaldin, Michael Ettlinger and Nathaniel Greenwold for their research assistance. About the Author Robin Simcox is a Research Fellow at the Henry Jackson Society, where he works on terrorism and security issues. -
Legislative Assembly- PROOF Page 1
Tuesday, 4 August 2020 Legislative Assembly- PROOF Page 1 LEGISLATIVE ASSEMBLY Tuesday, 4 August 2020 The Speaker (The Hon. Jonathan Richard O'Dea) took the chair at 12:00. The Speaker read the prayer and acknowledgement of country. [Notices of motions given.] Bills GAS LEGISLATION AMENDMENT (MEDICAL GAS SYSTEMS) BILL 2020 First Reading Bill introduced on motion by Mr Kevin Anderson, read a first time and printed. Second Reading Speech Mr KEVIN ANDERSON (Tamworth—Minister for Better Regulation and Innovation) (12:16:12): I move: That this bill be now read a second time. I am proud to introduce the Gas Legislation Amendment (Medical Gas Systems) Bill 2020. The bill delivers on the New South Wales Government's promise to introduce a robust and effective licensing regulatory system for persons who carry out medical gas work. As I said on 18 June on behalf of the Government in opposing the Hon. Mark Buttigieg's private member's bill, nobody wants to see a tragedy repeated like the one we saw at Bankstown-Lidcombe Hospital. As I undertook then, the Government has taken the steps necessary to provide a strong, robust licensing framework for those persons installing and working on medical gases in New South Wales. To the families of John Ghanem and Amelia Khan, on behalf of the Government I repeat my commitment that we are taking action to ensure no other families will have to endure as they have. The bill forms a key part of the Government's response to licensed work for medical gases that are supplied in medical facilities in New South Wales. -
Terror in Australia: Investigating the Rhetoric and the Community
SAGE International Terror in Australia: Investigating the rhetoric and the community By Ms. Kayla Dickeson Intern, SAGE International t is the thirteenth anniversary of the fateful September 11 attacks: Prime Minister Tony Abbott announces that the terror threat-level has been raised to I High. One week later, 800 highly-visible police officers raid homes across Sydney and Brisbane (Jabour, 2014), while on the same day Mr Abbott smiles for the camera as he farewells air force personnel leaving for Iraq (Hurst, 2014). Labelled “terrorism events” by a Counter-Terrorism review, the Melbourne stabbing of two police officers and the Martin Place Sydney Siege join the ranks of the Bali bombings, the London train attacks and the US-Libyan embassy attack in a timeline of the post-9/11 era (Australian Government, 2015, p 4). Mr Abbott emotively notes the tragedy of “politically-motivated” attacks on “Australian values” (Griffiths, 2014) – aptly observing that one-third of “terrorism events” have occurred in the six months after raising the terror level (Grattan, 2015). Monday morning, the 23rd of February, 2015 – while introducing new counter- terrorism strategies to toughen immigration laws, remove citizenship, suspend passports and cancel welfare payments of “persons of interest” – Mr Abbott remarks “I’ve often heard western leaders describe Islam as a ‘religion of peace’. I wish more Muslim leaders would say that more often, and mean it” (Lloyd, 2015). Indeed, he is correct: President Barack Obama tells the world his country is not at war with Islam (AJ, 2015); Chancellor Angela Merkel stands with Muslim leaders at public anti- violence rallies (Huggler, 2015); and Foreign Minister Julie Bishop applauds Australian Muslims who are working with the government, community groups and 1 Terror in Australia: Investigating the rhetoric and the community mosques “to keep our people safe” (Medhora, 2015). -
The Case for Abolishing the Offence of Scandalising the Judiciary
Daniel O’Neil* THE CASE FOR ABOLISHING THE OFFENCE OF SCANDALISING THE JUDICIARY ABSTRACT This article assesses the philosophical foundations and the practical remit of the common law offence of scandalising the judiciary (also known as ‘scandalising contempt’), and finds that the continued existence of this offence as presently constituted cannot be justified. The elements and scope of this offence, it is suggested, are ill-defined, which is a matter of great concern given its potentially fierce penal consequences. Moreover, given the extent to which it may interfere with free expression of opinion on an arm of government, the offence’s compatibility with the implied freedom of political communication guaranteed by the Australian Constitution is also discussed — though it is noted that in most instances, prosecutions for the offence will not infringe this protection. The article concludes by suggesting that the common law offence must either by abolished by legislative fiat or replaced by a more narrowly confined statutory offence. It is suggested that an expression of genuinely held belief on a matter of such profound public interest as the administration of justice should not be the subject of proceedings for contempt of court. I INTRODUCTION ow far can one go in criticising a Judge?’1 This is the question at the heart of the common law offence known as scandalising the judiciary — an ‘H offence that may sound ‘wonderfully archaic’,2 yet is regrettably anything but. This article attempts to chart the metes and bounds of this offence and to assess its empirical application in Australia and elsewhere. It is concluded that the offence is both vague in definition and savage in its potential punitive consequences. -
Thesis August
Chapter 1 Introduction Section 1.1: ‘A fit place for women’? Section 1.2: Problems of sex, gender and parliament Section 1.3: Gender and the Parliament, 1995-1999 Section 1.4: Expectations on female MPs Section 1.5: Outline of the thesis Section 1.1: ‘A fit place for women’? The Sydney Morning Herald of 27 August 1925 reported the first speech given by a female Member of Parliament (hereafter MP) in New South Wales. In the Legislative Assembly on the previous day, Millicent Preston-Stanley, Nationalist Party Member for the Eastern Suburbs, created history. According to the Herald: ‘Miss Stanley proceeded to illumine the House with a few little shafts of humour. “For many years”, she said, “I have in this House looked down upon honourable members from above. And I have wondered how so many old women have managed to get here - not only to get here, but to stay here”. The Herald continued: ‘The House figuratively rocked with laughter. Miss Stanley hastened to explain herself. “I am referring”, she said amidst further laughter, “not to the physical age of the old gentlemen in question, but to their mental age, and to that obvious vacuity of mind which characterises the old gentlemen to whom I have referred”. Members obviously could not afford to manifest any deep sense of injury because of a woman’s banter. They laughed instead’. Preston-Stanley’s speech marks an important point in gender politics. It introduced female participation in the Twenty-seventh Parliament. It stands chronologically midway between the introduction of responsible government in the 1850s and the Fifty-first Parliament elected in March 1995. -
Review of Australia's Counter-Terrorism Machinery
© Commonwealth of Australia 2015 ISBN 978-1-925237-36-8 (Hardcopy) ISBN 978-1-925237-37-5 (PDF) ISBN 978-1-925237-38-2 (DOC) Ownership of intellectual property rights in this publication Unless otherwise noted, copyright (and any other intellectual property rights, if any) in this publication is owned by the Commonwealth of Australia (referred to below as the Commonwealth). Creative Commons licence With the exception of the Coat of Arms, this publication is licensed under a Creative Commons Attribution 3.0 Australia Licence. Creative Commons Attribution 3.0 Australia Licence is a standard form license agreement that allows you to copy, distribute, transmit and adapt this publication provided that you attribute the work. A summary of the licence terms is available from http://creativecommons.org/licenses/by/3.0/au/deed.en. The full licence terms are available from http://creativecommons.org/licenses/by/3.0/au/legalcode. The Commonwealth’s preference is that you attribute this publication (and any material sourced from it) using the following wording: Source: Licensed from the Commonwealth of Australia under a Creative Commons Attribution 3.0 Australia Licence. The Commonwealth of Australia does not necessarily endorse the content of this publication. Use of the Coat of Arms The terms under which the Coat of Arms can be used are set out on the Department of the Prime Minister and Cabinet website (see http://www.dpmc.gov.au/guidelines/). Contents EXECUTIVE SUMMARY iv RECOMMENDATIONS vi PART ONE: THE STATE OF PLAY 1 One: Australia – Our Evolving -
Isis in the West
NEW INTERNATIONAL AMERICA SECURITY PETER BERGEN, COURTNEY SCHUSTER, AND DAVID STERMAN ISIS IN THE WEST THE NEW FACES OF EXTREMISM NOVEMBER 2015 About New America About the International Security Program New America is dedicated to the renewal of American The International Security Program aims to provide politics, prosperity, and purpose in the Digital Age. We evidence-based analysis of some of the thorniest carry out our mission as a nonprofit civic enterprise: an questions facing American policymakers and the public. intellectual venture capital fund, think tank, technology The program is largely focused on South Asia and the laboratory, public forum, and media platform. Our Middle East, al-Qaeda and allied groups, the rise of hallmarks are big ideas, impartial analysis, pragmatic political Islam, the proliferation of weapons of mass policy solutions, technological innovation, next destruction (WMD), homeland security, and the activities generation politics, and creative engagement with broad of U.S. Special Forces and the CIA. The program is also audiences. Find out more at newamerica.org/our-story. examining how warfare is changing because of emerging technologies, such as drones, cyber threats, and space- based weaponry, and asking how the nature and global About The Authors spread of these technologies is likely to change the very definition of what war is. Peter Bergen is a print, television and web journalist, documentary producer and the The authors would like to thank Emily Schneider and author or editor of six books, three of which Justin Lynch for their assistance with this research. were New York Times bestsellers and three of which were named among the best non- fiction books of the year by The Washington Post.