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The Forum > Article Comments > Proposed indefinite detention laws in Australia > Comments

Proposed indefinite detention laws in Australia : Comments

By Binoy Kampmark, published 9/8/2016

The Turnbull government has come down rather heavily in its response to a spate of attacks in France and Germany, deciding that it is time that something be done in the face of this supposed global madness.

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"Even judges often make decisions according to public opinion."

Philip S this is incorrect and thus misleading about Australia's judicial system,

"Under Australia’s Constitution, our judiciary is independent from the other arms of government. The separation of powers doctrine means that in interpreting and applying the law, judicial officers act independently and without interference from the parliament or the executive. The constitutional guarantees of tenure and remuneration assist in securing judicial independence."
> https://www.ag.gov.au/LegalSystem/Courts/Pages/default.aspx

Judges in Australia have to issue detailed statements called "Judgements" in finalising a matter. These can be examined by both sides in the case once they are handed down and potentially challenged in a higher court.

Some of the judgements handed down by the Federal court can be read online here > http://www.fedcourt.gov.au/publications/judgments/latest

The exception to that would be matters in the High court. Their is no High court of appeal, the decisions are final.
Posted by Rojama, Thursday, 11 August 2016 1:23:54 PM
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I thin that Australia is such a amazing place. I love australian people who are so nice and respetful.
Posted by MJ1994, Friday, 12 August 2016 4:02:46 AM
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Dear MJ,

You are right: Australia is an amazing place and the Australian people nice and respectful - so why, oh why, do we deserve to be punished, obstructed and abused by the rule of the Australian state and its government?
Posted by Yuyutsu, Friday, 12 August 2016 8:58:21 AM
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Hi MJ1994,

As you rightly suggest, " .... Australian people .... are so nice and respectful."

Yes, and many of us feel completely free to express ourselves, even at the risk of ruffling a few feathers.

Just because people have differing opinions, doesn't necessarily mean that they want to behead each other, or throw each other off high roofs/rooves.

Everybody has, or should have, that right to express their opinions. It doesn't mean that their opinion is correct or even remotely accurate, and every opinion can be rightly derided for its idiocy. One's opinion may be thoughtful and perceptive, or complete rubbish: opinions are not equal, but everybody's right to express them is - and everybody else has the right to analyse and criticise them.

I hope that they're teaching something like that in the unis. Fat chance.

Joe
Posted by Loudmouth, Friday, 12 August 2016 10:49:06 AM
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The terrorist Fifth Columnists are not merely expressing an opinion, they have gone to war against Australia. They have a name for it - jihad. They wanted this war, we didn't. There are international rules governing prisoners of war, and they have no right to release until the war is over. Even then they can be arrested and tried for war crimes, as their predecessors were at Nuremberg. Let the mongrels show that their war is definitely over before even CONSIDERING release.
Posted by EmperorJulian, Monday, 15 August 2016 5:49:07 PM
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Spot-on, Jules !
Posted by Loudmouth, Monday, 15 August 2016 6:54:11 PM
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