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Senator Anning: undermining the Constitution and our history
By Patrick Emerton The most fundamental principle of the Australian Constitution is that the people are the bedrock of the political community. The preamble records that it was the people who “agreed to unite in one indissoluble Federal Commonwealth”. It is the people who choose the members of the House of Representatives and the Senate. Because government ministers…
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The Brexit judgment – an orthodox decision with major ramifications
By Lisa Burton Crawford and Patrick Emerton In June 2016, a referendum was held in the United Kingdom, asking the people whether they should remain a member of the European Union, or leave. A majority voted to leave. The result has sent shockwaves through the UK and the rest of Europe which continue to reverberate,…
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Reminding Government: Human Rights are Core Business
This post was first published on Power to Persuade. You can read the original here. By Patrick Emerton December 10 is Human Rights Day. Each year the international community commemorates that day in 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights. Australia played a leading role in its development and reach.…
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The High Court reminds us that immigration detention is not simply at the government’s pleasure
By Patrick Emerton The High Court’s most recent immigration decision reminds us that Australia’s system of immigration detention should not be regarded as just another tool of government policy. It is exceptional, not only politically but also legally. The decision also reminds us both of what the law can offer in pursuit of justice, and…
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The High Court’s Sri Lanka asylum seeker case: the legal issues
By Patrick Emerton Yesterday’s High Court case concerning the fate of Tamil asylum seekers detained at sea by Australian authorities has been adjourned until Friday. The case raises a range of legal questions. These go to the legality of the Australian Government’s policy towards, and treatment of, asylum seekers. They also go to broader questions…
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Why Tim Wilson is wrong about “n______”
By Patrick Emerton A little over a week ago, Human Rights Commissioner Tim Wilson stated that he objects to current laws governing racially offensive behaviour because they allow members of particular communities to refer to one another using words that outsiders may not: Asked whether he was referring to the word “n–––“, Mr Wilson said: “I…
Castan Centre for Human Rights Law 
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