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Alternative Law Journal
Media Release
1 May 2000
Volume 25, No. 2, April 2000
The future of the referendum process in Australia
The formal constitutional amendment process in Australia has been caught
in what Richard Miles describes as a “cycle of inertia”. Writing in the
Alternative
Law Journal, Miles explores the key elements of this cycle and discusses
three lessons for the future based on Australia’s recent referendum experience
including the recent Republican referendum.
In another related article, Alex Reilly compares our entrenched system
of constitutional change with that attaching to the newly created South
African Constitution. Reilly considers that Australia has a lot to
learn from South Africa in the conduct of civics and citizenship education
in regard to the Constitution and the peoples role in its amendment.
A Bill of Rights for Australia?
“To date, the role of Australian parliaments in the protection of human
rights has not been fully realised” says constitutional scholar, George
Williams. In his latest piece for the Alternative Law Journal,
Williams suggests that developments in the protection of human rights in
Australia should not be left to “judicial innovation” but rather should
be built upon the “commitment and participation of the Australian
people and their elected representatives”.
The ‘Stolen Generation’ in court
Of the three major cases commenced by members of the stolen generation,
two have been lost with the third currently under consideration in the
Federal Court. In the April edition of the Alternative Law Journal
Martin Flynn and Sue Stanton examine the conduct of this case and the difficulties
a Court is faced with in receiving Aboriginal evidence. The authors
find that the situation has been exacerbated by an intractable and overly
technical approach by the Commonwealth which will “generate much ill-will
amomng the Indigenous people”. The authors suggest that the
Commonwealth take a new approach the litigation: a reconciliatory approach.
The Forest Protest Protocol
An historic protocol dealing with the role of police at forest protests,
was recently agreed to between the New South Wales Police Service and activists
from the North East Forest
Alliance. In the April edition of the Alternative Law Journal,
Aidan Ricketts charts the background to this protocol and examines the
way in which the protocol gives some official recognition to the limited
rights of protesters to intentionally break the law as part of a political
protest.
Dawe on Law
Ever wondered what a ‘Red Faced Mattress Thrasher’ or ‘Freckle-necked Titlark’
was? Political satirist, Bryan Dawe explains all whilst pontificating
upon issues such as mandatory sentencing and the environment through the
fictional persona of Sir Murray Rivers QC.
Prostitution meets politics in South Australia
In his article in the April edition of the Alternative Law Journal,
Brian Simpson examines the Lord-Mayoral candidacy of well-known Adelaide
brothel operator, Stormy Summers. After analysing the print media
during the Summers campaign, Simpson warns that politics at all levels
is in danger of “being driven by the cult of personality” rather than a
selection of candidates based on their grasp of the social issues relevant
to their office.
Courts and the Internet
Not too long ago when America stopped to view the OJ Simpson trial on TV,
debate was raging over whether we should introduce such technology into
the courtrooms (and loungerooms) of Australia. Now a new technology
has raised its head - the Internet. Daniel Stepniak and Paul Mason
consider the impact of this new technology, how it may be controlled and
how it presents an unprecedented opportunity for public access to the law
and the judicial process.
Putting people back into the democratic equation
In the April edition of the Alternative Law Journal, Tatum
Hands asks whether the arguably idealist notion of ‘deliberative’ democracy
can ever work in practice. Hands suggests that whilst this community-based
model of participatory politics is appealing in theory, its translation
into our fragmented modern society is difficult to conceive.
The Alternative Law Journal is a forum for alternative and critical
perspectives on the law and social issues.
The Alternative Law Journal is available by subscription: tel: 03
9544 0974
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