Articles on High Court

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Australia’s political representatives have the ability to legislate on a wide range of matters. Marriage is one of them. AAP/Mick Tsikas

Explainer: what is parliament’s role in the marriage equality debate?

As the government hints the marriage equality plebiscite may be delayed until 2017, calls intensify for the parliament to legislate on the issue instead. So what is parliament's role here?
A proposed new law is set to allow surrogate parents in South Africa to also take leave to care for their babies. shutterstock

Leave for surrogate parents in South Africa: no time for baby steps

South African law requires surrogate mothers to hand infants to their legal parents without undue delay. But it doesn't provide leave for these parents to care for their infants. That is set to change.
An integrated reform blueprint for federal and state politics could comprise eight elements. Chris Wilson/Flickr

Eight ways to clean up money in Australian politics

Political funding in Australia is governed by different rules for state (some of which do not require disclosure) and federal governments. And both levels suffer significant weaknesses.
Detainees on Manus Island are seeking an injunction to prevent their removal to Nauru or elsewhere until Australia’s High Court hears their case. AAP/Eoin Blackwell

High Court asked to declare Manus detention illegal as 859 detainees seek their day in court

If a new High Court claim against Australia's offshore detention regime succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.
The decision is a win for 69-year-old Queensland breast cancer survivor Yvonne D'Arcy. Dan Peled/AAP

High Court rules breast cancer gene cannot be patented

Australia's highest court has ruled a gene mutation linked to cancer cannot be patented, ending a long battle over whether companies can own the rights to genetic material.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role. AAP/Renee Nowytarger

Bias and the ‘black-letter’ judge: who is Dyson Heydon?

How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law. AAP/Dan Peled

Bill relies on legal fiction of self-executing law to revoke citizenship

Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.

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