Alternative Law Journal
Media Release
Volume 27, No. 5, October 2002
Outside
the paddock
In light of the bombing in Bali the October edition
of Alternative Law Journal focuses on countries within Australia's
region. The Opinion Piece by Colin McDonald QC discusses Australia's
response to the Bali bombings. The Opinion Piece calls for practical
idealism as well as justice at home and in our region.
Graham Nicholson examines the new Constitution
of East Timor; the way it structures relations, the rights and freedoms
it contains, and its incorporation of aspects of international law.
Professor George Williams examines the balance
between defence and national security, and important public values
and fundamental human rights struck in response to international terrorism
and asks whether the Government's legal response to September 11 has
achieved the right balance.
Dana Krause and Isabel Knott compare the
refugee determination processes of New Zealand and Australia, highlighting
the higher level of compliance with international human rights standards
by New Zealand.
Jonathan Faulkner examines the way that the Australian
government seeks to exclude other actors from eroding its control
over migration law. Jonathan argues that in the process the Government
of Australia has compromised the very conception of society that it
seeks to promote.
Penny Martin explores issues relating to the
implementation of women's and children's human rights to freedom from
domestic violence, with particular reference to the situation in Samoa.
Penny discusses the relevant international instruments and their application
in a Pacific island culture which is also a developing country.
Joo-Cheong Tham examines whether reform to ASIO
can make the organisation more compatible with the rule of law. The
article argues that the secrecy that cloaks the operations of ASIO
means that it is always to some extent outside the rule of law. Joo-Cheong
argues that the mandate and powers of the organisation should be restricted
to what is clearly justifiable.
Jennifer Corrin Care considers whether the breakdown
of law and order in Solomon Islands owes more to instability in the
fundamental legal framework of the nation. Jennifer considers whether
the introduced system of law and government, grafted on Solomon Islands,
can succeed.
