It's
the people, stupid!
by James O'Loghlin
James O'Loghlin reminisces about his time as a practising lawyer while trying to answer the important question about why practise law at all.
Using might
to enforce a right
by Andrew Coleman
This article examines the right to democracy and whether it can be enforced through military intervention. It then poses an "alternative" explanation that questions the legitimacy of the claims made by authors such as Franck regarding the right to democracy.
Revival of procedural
fairness for asylum seekers
by John Basten
John Basten QC gives an overview
of the importance of the recent decision of the High Court in relation to judicial
review of migration decisions. Getting beyond the spin doctoring of government
or anti-asylum seeker groups this article provides a balanced discussion about
the likely impact of this judgment on future decisions for asylum seekers.
Memoirs
of an amateur litigant
by Iain Stewart
Major events form a significant part of each state's economic strategy. Despite heavy taxpayer subsidy, governments are loath to disclose details of contractual arrangements notwithstanding their alleged commitment to open and accountable government. In Victoria, at least, the adequacy of the Freedom of Information Act and the processes underpinning that legislation were tested by a concerned citizen seeking access to contracts related to the staging of the Commonwealth Games scheduled to be held in Melbourne in 2006.
Rights-based
reconciliation needs renewed action from Canberra
by Sean Brennan, Vanessa Bosnjak and George Williams
The momentum for change in the relationship between Indigenous and non-Indigenous Australians has faltered since the year 2000. While grassroots activity continues, the federal government should take up a leadership role and recognise that the 'rights agenda' is just as important to reconciliation as tackling disadvantage. It can start now by pressing forward with public law measures including a new preamble, constitutional protection from racial discrimination and taking a more constructive approach to the treaty debate.
From 'cause' to 'solution': using the law to respond to homelessness
by Philip Lynch
Philip Lynch talks about the law as a help not a hindrance to homeless people. . He examines strategies and initiatives employed by advocates of people who are homeless in the United States, and challenges homelessness legal service providers in Australia to move from law as a 'cause' to law as a 'solution' to homelessness.
Rights
versus welfare
by Cassandra Goldie
A 'right-based approach' to homelessness
involves homeless people being at the centre of the processes that develop solutions
and in control of decision making that affects them. Law and order strategies
that criminalise people living in public space are the antithesis of this approach.
Drug
courts - a departure from adversarial justice
by Daniel McGlone
The recent establishment of a trial
Drug Court in Dandenong is an important development in the Victorian Government's
response to drug-related crime. It seeks to address a perceived failure of current
custodial sanctions to adequately address drug use and related offending while
retaining the structure and authority of a court. This article examines the
efficacy of this approach and considers in particular the appropriateness of
using a court as a forum for staging the rehabilitate treatment of drug users.
East
Timor: Justice delayed
by Nehal Bhuta
A discussion of the difficulty of achieving justice for post-1999 human rights violations in East Timor.
East Timor:
Hamstrung justice
by John Pace and Susan Harris Rimmer
Another perspective on the effectiveness of the special panels set up to investigate and try human rights violations in East Timor.
Women's rights:
Whose responsibility?
by Amrita Dasvarma
An analysis of the government's suggested changes to the role and functions of the Human Rights and Equal Opportunity Commission.
Chroming: Paint
fumes and police cars in Victoria
by Lachlan Harris
The Victorian Government has tabled legislation that will grant police the power to apprehend and detain young people reasonably suspected of inhaling paint fumes or having the intent to inhale paint fumes. An unusual coalition of critics has condemned this move as the criminalisation of a health problem.
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