The Intelligent Student's Guide to Australia
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Dinner Address the Law: Past and Present Tense Hon Justice Ian
Dinner Address The Law: Past and Present Tense Hon Justice Ian Callinan, AC I do not want to revisit the topic of judicial activism, a matter much debated in previous proceedings of this Society. But it is impossible to speak about the law as it was, as it is now, and as it may be in the future, without at least touching upon a number of matters: precedent, judicial activism, and whether and how a final court should inform itself, or be informed about shifts in social ways and expectations. To develop my theme I have created a piece of fiction. The law, as you all know, is no stranger to fictions. It is not the year 2003, it is not even the year 1997 when the High Court decided Lange v. Australian Broadcasting Corporation.1 It is the year 1937. Merely five years later Justice Learned Hand in the United States would observe: “The hand that rules the press, the radio, the screen, and the far-spread magazine, rules the country”. Only seventeen years earlier the High Court had decided the landmark Engineers’ Case.2 This, you may recall, was the case in which the Court held that if a power has been conferred on the Commonwealth by the Constitution, no implication of a prohibition against the exercise of that power can arise, nor can a possible abuse of the power narrow its limits. This was a revolutionary decision. It denied what had been thought to be settled constitutional jurisprudence, that the Commonwealth Parliament could not bind the Executive of a State in the absence of express words in s.51 of the Constitution to that effect. -
The Opiate: Winter 2016, Vol. 4
The Opiate Winter 2016 Winter 2016,Vol. Vol.4 V4 This page intentionally left blank YourThe literary dose.Opiate © The Opiate 2016 This magazine, or parts thereof, may not be reproduced without permission. Cover: still from Jean-Luc Godard’s Le Petit Soldat 3. The Opiate, Winter Vol. 4 Editor-in-Chief Genna Rivieccio Poetry Editor Armando Jaramillo Garcia Contributing Writers Fiction: Michael Anthony 9 “It is sometimes an Joel Allegretti 17 Daniel Ryan Adler 21 Gael DeRoane 28 appropriate Sasha Sosnowski 29 Poetry: Peggy Aylsworth 33 response to reality Nova Reeves 34-35 Sandy Wang 36 Stuart Jay Silverman 37-39 John J. Trause 40-42 to go insane.” Scott Sherman 43 Scott Penney 44 Ryan Fox 46 - Philip K. Dick Criticism: Genna Rivieccio 49 4. 5. The Opiate, Winter Vol. 4 Each of the writers in this issue brings something unique not just to the magazine, but the genre which they are speaking to. As for the criticism section, I apologize Editor’s Note for it being, once again, by me. It’s a bit of a challenge to find fresh voices in this category (so if you’re out there, please send something to theopiatemagazine@gmail. com). With regard to the piece, let me bring up what Madonna said in the wake of the Winter may be a time of languor, but it is also a time for rumination. Trapped within Paris attacks: “It is very hard to love that which we do not understand, or that which is the confines of your mind as much as you are inside of whatever edifice it is you’ve different than we are. -
Chapter Two Can Judges Resuscitate Federalism?
Chapter Two Can Judges resuscitate Federalism? John Gava* In a recent article Greg Craven has argued that we are in the “midst of an ideological struggle for the Constitution’s soul”,1 and that it would be appropriate to appoint an “Australian Scalia”2 to the High Court. Indeed, Craven argues that a conservative government would be “downright derelict in its duty”3 if it failed to make such an appointment. For Craven, the High Court has consistently, at least from 1920, interpreted the Australian Constitution with such a centralist bias that the original conception of a federation has been distorted.4 Craven has argued that by going down this centralist path the High Court has departed from the expectations of the founders of the Constitution, and that the role of putative Australian Justice Scalias would be to interpret our Constitution in light of the intentions of those founders. In this paper I carry out the equivalent of a thought experiment and consider what would happen if Craven were to get his wish of a High Court composed of judges willing to interpret the Constitution in the way in which he advocates—i.e., by giving effect to the original intentions of the founders, who conceived of a robust federation rather than the unbalanced, centrally dominated one that we have today. I will do this by analysing the dissenting judgments of Justices Kirby and Callinan in the Work Choices Case5 to show that both judges decide the constitutional issue before them, the validity of the Commonwealth’s Work Choices legislation, with an eye to reviving federalism as a substantive feature of the Constitution. -
In August 2008 I Was Fortunate Enough to Be Selected to Attend the Annual Samuel Griffith Society Conference in Sydney
In August 2008 I was fortunate enough to be selected to attend the annual Samuel Griffith Society Conference in Sydney. I had become interest in the Samuel Griffith Society ever since conducting research during my constitutional law studies. In particular I found interest in the papers from the 2006 Samuel Griffith Society Conference that discussed the Workchoices decision. The Workchoices decision extended the interpretation of the corporations power of the Constitution to allow the federal government to legislate in relation to employment conditions. This debate over the wider interpretation of the powers of the federal government occurred at the perfect time to extend my knowledge of constitutional law and in particular the history of the Australian constitution and the intention of the founding fathers when they drafted it. The Samuel Griffith Society promotes the preservation of the constitution to its initial purposes and disapproves of the widening of interpretation of the document to increase the powers of the federal government. I found it fascinating to see and hear an interest group dedicated to one purpose – the protection of the constitution. One of the most important cases I recall during my constitutional law studies was the Tasmanian Dam Case. The case found that the external powers of the Constitution allowed the federal government to legislate in regards to issues to which it had entered into agreement with internationally. I was lucky enough to be introduced to recently retired Justice of the High Court Ian Callinan. Callinan gave an introductory speech in memorial of former High Court Chief Justice Harry Gibbs who dissented in the decision of the Tasmanian Dam Case and was concerned with the potential danger it posed to the federal balance. -
Stories, Reviews, Poems, Articles
a quarterly review price one dollar registered at gpo perth for transmission by post as a periodical - Category '8' STORIES, POEMS, REVIEWS, ARTICLES westerly a quarterly review• EDITORS: Bruce Bennett and Peter Cowan EDITORIAL COMMI'ITEE: Bruce Bennett, Peter Cowan, Patrick Hutchings, Leonard Jolley, Margot Luke Westerly is published quarterly by the English Department, University of Western Australia, with assistance from the Literature Board of the Australia Council. The opinions expressed in Westerly are those of individual contributors and not of any member of the above Committee. Correspondence should be addressed to the Editorial Committee, Westerly, Department of English, University of Western Australia, Nedlands, Western Australia 6009 (telephone 80 3838). Unsolicited manuscripts not accompanied by a stamped self-addressed envelope will not be returned. All manuscripts must show the name and address of the sender and should he typed (double-spaced) on one side of the paper only. Whilst every care is taken of manu scripts, the Editorial Committee can take no final responsibility for their return; contributors are consequently urged to retain copies of all work submitted. Minimum rates for contributions -poems $7.00; prose pieces $7.00; reviews, articles $15.00; short stories $30.00. It is stressed that these are minimum rates, based on the fact that very brief contributions in any field are acceptable. In practice the Committee aims to pay more, and will discuss payment where required. Subscriptions: $4.00 per annum, plus postage (Australasia 80c per annum, Overseas $1.60 per annum); $7.00 for 2 years (postage Australasia $1.60, Overseas $3.20). -
UEENSLAND Polit EFORM GROUP
t Submission No: . L8. UEENSLAND POLiT EFORM GROUP hOUSESTANDINGOF p[p~(( ‘~x~..~; ~, 0738162120 Noel Turner LJ~GA±ANDAPPAJRSCONS P0 Box 563 Booval 4304 Submission ofcorrespondence copies as evidence of activity relating to: •:~ The shredding of the Heiner documents by the authority of the Queensland Government Executive on 23.3.1990, and the following cover-up to date ~• The Lindeberg Grievance submitted by the late MrRobert Greenwood QC This material is circulated to: •~ The H.ouse ofRepresentatives Standing Committee on Legal and Constitutional Afairs; “Crime in the Community” (Secretary Gillian Gould •~ The Australian Senate Select Committee on the Lindeberg Grievance (Secretary Alistair Sands ~• Professor Bruce Grundy, Department ofJournalism and Communications, University of Queensland, St Lucia, Brisbane. This material is organised in six (6) small folios covering the period from March 1996 (1993) to 1998. Each folio covers an initiative by us ( members of the Queensland Political Reform Group QPRG), and related responses to our initiatives, also supporting extracts of publications and public statements. The OPRG has as its objective , sound and just to all parties resolution of the events leading to the shredding of the Ileiner Inquiry Documents in Queensland on 23 -03 — 1990, and the following and continuing cover-up, and to have this conducted as a lawful and constitutional exercise by Queensland and AustralianPublic Institutions. ) Arrangement ofthe documents, and what they reveal 1. The first folio, docs 1 — 4 , show that OPRG was stating/supporting our view that only a specifically constituted Commission of Inquiry could competently examine the circumstances of the shredding of the Heiner Inquiry Documents, the following cover-up and political denials. -
Reflections on the Murphy Trials
REFLECTIONS ON THE MURPHY TRIALS NICHOLAS COWDERY AM QC∗ I INTRODUCTION It is a great privilege to have been asked to contribute to this special edition of the Journal containing essays in honour of the Honourable Ian Callinan AC QC.1 In this instance I shall concentrate on but one matter in his extensive practice at the Bar, but a significant matter that went for some time, had a variety of manifestations and encompassed a multitude of interests and conflicts: that is, his role as the prosecutor of the late Justice Lionel Murphy of the High Court of Australia. It is also a great burden to assume. Where to begin? What ‘spin’ (if any) to put on this chapter of Australia’s legal history in the space available? How much of the lengthy and at times legally technical proceedings themselves should be included? How to show enough of the play of the unique Callinan attributes? How to keep myself out of it, matters of significance having now faded from the ageing memory (even assisted by the few scraps of paper that survive) and because throughout the proceedings against Murphy at all levels I was Ian’s principal junior. It was a rare (for the time) pairing of Queensland and NSW counsel – the ‘dingo fence’ for lawyers was still in place at the Tweed in those days. At the time of his retirement from the High Court last year Ian described the case as ‘agonising’ – for himself, the court and Murphy – ‘It was a very unhappy time for everybody’ he said and so it was. -
Select Bibliography
Select Bibliography by the late F. Seymour-Smith Reference books and other standard sources of literary information; with a selection of national historical and critical surveys, excluding monographs on individual authors (other than series) and anthologies. Imprint: the place of publication other than London is stated, followed by the date of the last edition traced up to 1984. OUP- Oxford University Press, and includes depart mental Oxford imprints such as Clarendon Press and the London OUP. But Oxford books originating outside Britain, e.g. Australia, New York, are so indicated. CUP - Cambridge University Press. General and European (An enlarged and updated edition of Lexicon tkr WeltliU!-atur im 20 ]ahrhuntkrt. Infra.), rev. 1981. Baker, Ernest A: A Guilk to the B6st Fiction. Ford, Ford Madox: The March of LiU!-ature. Routledge, 1932, rev. 1940. Allen and Unwin, 1939. Beer, Johannes: Dn Romanfohrn. 14 vols. Frauwallner, E. and others (eds): Die Welt Stuttgart, Anton Hiersemann, 1950-69. LiU!-alur. 3 vols. Vienna, 1951-4. Supplement Benet, William Rose: The R6athr's Encyc/opludia. (A· F), 1968. Harrap, 1955. Freedman, Ralph: The Lyrical Novel: studies in Bompiani, Valentino: Di.cionario letU!-ario Hnmann Hesse, Andrl Gilk and Virginia Woolf Bompiani dille opn-e 6 tUi personaggi di tutti i Princeton; OUP, 1963. tnnpi 6 di tutu le let16ratur6. 9 vols (including Grigson, Geoffrey (ed.): The Concise Encyclopadia index vol.). Milan, Bompiani, 1947-50. Ap of Motkm World LiU!-ature. Hutchinson, 1970. pendic6. 2 vols. 1964-6. Hargreaves-Mawdsley, W .N .: Everyman's Dic Chambn's Biographical Dictionary. Chambers, tionary of European WriU!-s. -
The Australian Law Journal
Australian Law Journal GENERAL EDITOR Mr Justice P W Young PRODUCTION EDITOR Cheryle King ASSISTANT GENERAL EDITOR Dr Paul Gerber The mode of citation of this volume is (2003) 77 ALJ [page] Australian Law Journal Reports TEAM LEADER Carmel Jones PRODUCTION EDITOR Carolyn May CASE REPORTERS Lachlan Cottom Clare D'Arcy Cathie Dickinson Paul Govind Natalie Lammas Renu Prasad Angeline Wong The mode of citation of this volume is 77 ALJR [page] (2003) 77 ALJ 625625 © THE AUSTRALIAN LAW JOURNAL Volume 77, Number 10 October 2003 CURRENT ISSUES – Editor: Mr Justice P W Young Centenary of the High Court ................................................................................................ 631 High Court dissents .............................................................................................................. 631 Gilbert & Tobin Centre of Public Law Constitutional Law Conference, 2003 .................... 632 Judicial review...................................................................................................................... 632 Victorian Bar Inc Annual Report.......................................................................................... 632 Law Council of Australia ..................................................................................................... 632 Publishing pornography........................................................................................................ 633 Victims and sentencing........................................................................................................ -
Judges and Retirement Ages
JUDGES AND RETIREMENT AGES ALYSIA B LACKHAM* All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer valid in a modern society. Judicial retirement ages may be causing undue expense to the public purse and depriving the judiciary of skilled adjudicators. They are also contrary to contemporary notions of age equality. Therefore, demographic change warrants a reconsideration of s 72 of the Constitution and other statutes setting judicial retirement ages. This article sets out three alternatives to the current system of judicial retirement ages. It concludes that the best option is to remove age-based limitations on judicial tenure. CONTENTS I Introduction .............................................................................................................. 739 II Judicial Retirement Ages in Australia ................................................................... 740 A Federal Judiciary .......................................................................................... 740 B Australian States and Territories ............................................................... 745 III Criticism of Judicial Retirement Ages ................................................................... 752 A Critiques of Arguments in Favour of Retirement Ages ........................ -
Culture and Customs of Australia
Culture and Customs of Australia LAURIE CLANCY GREENWOOD PRESS Culture and Customs of Australia Culture and Customs of Australia LAURIE CLANCY GREENWOOD PRESS Westport, Connecticut • London Library of Congress Cataloging-in-Publication Data Clancy, Laurie, 1942– Culture and customs of Australia / Laurie Clancy. p. cm. Includes bibliographical references and index. ISBN 0–313–32169–8 (alk. paper) 1. Australia—Social life and customs. I. Title. DU107.C545 2004 306'.0994 —dc22 2003027515 British Library Cataloguing in Publication Data is available. Copyright © 2004 by Laurie Clancy All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2003027515 ISBN: 0–313–32169–8 First published in 2004 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1 To Neelam Contents Preface ix Acknowledgments xiii Chronology xv 1 The Land, People, and History 1 2 Thought and Religion 31 3 Marriage, Gender, and Children 51 4 Holidays and Leisure Activities 65 5 Cuisine and Fashion 85 6 Literature 95 7 The Media and Cinema 121 8 The Performing Arts 137 9 Painting 151 10 Architecture 171 Bibliography 185 Index 189 Preface most americans have heard of Australia, but very few could say much about it. -
^VOICJB Russia, China and Viets Weekly Publication of the Diocese of Miami the VOICE by JAMES C
HALT WAR, POPES PLEA TO WORLD LEADERS Peace Messages To LBJ, ^VOICJB Russia, China And Viets Weekly Publication of the Diocese of Miami THE VOICE BY JAMES C. O'NEILL P.O. Box 1059 VATICAN CITY (NC) — Pope Paul VI made peace his first concern of Covering the 16 Counties of South Florido Miami, Fla. 33138 the new year by sending personal messages to the leaders of the U.S., the So- Return Requested viet Union, Communist China and North and South Viet Nam to urge them to . Price $5 a year ... 15 cents a copy work for a settlement of the Vietnamese war. Separate messages were sent to Soviet President Nikolai Podgorny, Red VOL. VII, NO. 43 JANUARY 7, 1966 China's chieftain Mao Tse-tung, President Ho Chi Minh of North Viet Nam and Gen. Nguyen Van Thieu, leader of the South Viet Nam government. DURING LATE APRIL On Christmas the Pope had sent messages to the North and Bishop Carroll Will Lead South Viet Nam leaders thank- ing them for their "pacific ges- Pilgrimage To Polish Shrine ture" in agreeing to a 30-hour Christmas truce in the Vietna- Bishop Coleman F. Carroll pilgrimage to Our Lady's sacred mese fighting. has announced that he will lead shrine in Poland." a pilgrimage celebrating Po- Bishop Carroll continued, "I The following day, at his us- land's One Thousand Years of pray that many will join me in ual Sunday noon appearance at Christianity in late April. this holy pilgrimage." his window overlooking St. Peter's Square, the Pope re- Bishop Carroll will guide Cath- Poland considers itself a Christian nation from the mo- peated his peace appeal to the olics to the shrine of the Virgin ment when its first King, Duke world, urging everyone to make of Jasna Gora in Czestochowa Mieszko, accepted Baptism pri- the achievement of peace a for the national Millennium cel- or to marrying the Catholic New Year-'s resolution.