www.smh.com.au/national/emp...
www.smh.com.au/national/emp...
I’m currently losing my mind grappling with the privilege and luck that got me to this point when so many can’t, and simultaneously how cooked our systems are that so many never will.
Anyway.
I’m currently losing my mind grappling with the privilege and luck that got me to this point when so many can’t, and simultaneously how cooked our systems are that so many never will.
Anyway.
I am now essentially no longer able to function in the world.
I am now essentially no longer able to function in the world.
🌊🌊📉📉🚨🚨
www.smh.com.au/politics/fed...
🌊🌊📉📉🚨🚨
www.smh.com.au/politics/fed...
www.smh.com.au/politics/fed...
www.smh.com.au/politics/fed...
/4
The outcome in today's judgment is devastating. The result is that the Uncles go entirely without remedy simply because the defendant is a government. This sits uneasily with the clear intent of legislatures that governments should be treated equally with...
/4
The irony, of course, being that governments ignore the first and are making the second illegal.
/2
The irony, of course, being that governments ignore the first and are making the second illegal.
/2
/1
/n
I'll be reporting the decision for @reneweconomy.com.au.
/1
Today, if this judgment stands Torres Strait Islanders - who must bear the consequences of government decision-making no matter how negligent - have become another.
Today, if this judgment stands Torres Strait Islanders - who must bear the consequences of government decision-making no matter how negligent - have become another.
This is good. We want judges to do this to some degree. No-one wants a society ruled by judges.
But the first victim in that battle ...
This is good. We want judges to do this to some degree. No-one wants a society ruled by judges.
But the first victim in that battle ...
I had hoped that today's decision might do the same. The law relating to the equality of the Government before the law has been in crisis for decades. Truly, it is woeful.
I had hoped that today's decision might do the same. The law relating to the equality of the Government before the law has been in crisis for decades. Truly, it is woeful.
The High Court forced the collapse of that well-established system of precedent when it made its decision in Mabo and a flurry of action occurred as the legal fraternity and the legislature sought to rebuild a new status quo. Under this new status quo, the boundaries...
The High Court forced the collapse of that well-established system of precedent when it made its decision in Mabo and a flurry of action occurred as the legal fraternity and the legislature sought to rebuild a new status quo. Under this new status quo, the boundaries...
This may seem extraordinary, but it is exactly how the jurisdiction of the courts evolves.
The second analogy to natural systems in my thesis was the idea of panarchy. Panarchy is a simplified framework for understanding how natural systems collapse, change and consolidate.
This may seem extraordinary, but it is exactly how the jurisdiction of the courts evolves.
The second analogy to natural systems in my thesis was the idea of panarchy. Panarchy is a simplified framework for understanding how natural systems collapse, change and consolidate.
In a common law world - as with a cell - those boundaries are no less real for being self-made.
But we are in a state of crisis. ...
In a common law world - as with a cell - those boundaries are no less real for being self-made.
But we are in a state of crisis. ...
When it comes to the equality of governments before the law, they do so ...
When it comes to the equality of governments before the law, they do so ...
Even the 2010s reforms were ambiguous at times, though that largely stems from incompetent drafting.
Even the 2010s reforms were ambiguous at times, though that largely stems from incompetent drafting.
"Of course, when the legislature said governments should be 'equal', they didn't mean *equal*!"
There was no evidence for this claim even back then.
Every piece of...
"Of course, when the legislature said governments should be 'equal', they didn't mean *equal*!"
There was no evidence for this claim even back then.
Every piece of...
Did you know equality before the law in tort (the type of law that includes negligence) was an Australian innovation? The first time this was legislated was in South Australia way back in the day!
Did you know equality before the law in tort (the type of law that includes negligence) was an Australian innovation? The first time this was legislated was in South Australia way back in the day!
In the common law world, Courts create much of their jurisdiction autopoetically. They define and refine and shore up the borders of what they can and can't do themselves over generations.
Through my thesis, I mapped every piece of legislation that attempted to put...
In the common law world, Courts create much of their jurisdiction autopoetically. They define and refine and shore up the borders of what they can and can't do themselves over generations.
Through my thesis, I mapped every piece of legislation that attempted to put...
The outcome in today's judgment is devastating. The result is that the Uncles go entirely without remedy simply because the defendant is a government. This sits uneasily with the clear intent of legislatures that governments should be treated equally with...
The outcome in today's judgment is devastating. The result is that the Uncles go entirely without remedy simply because the defendant is a government. This sits uneasily with the clear intent of legislatures that governments should be treated equally with...
If Courts are entirely unable or unwilling to grapple with an issue of injustice at the scale of the climate crisis, then what are they for?
Back then, I was more optimistic about what courts might...
If Courts are entirely unable or unwilling to grapple with an issue of injustice at the scale of the climate crisis, then what are they for?
Back then, I was more optimistic about what courts might...
We’re slowed down by the ‘splain, when there’s no time to lose. Taylor Swift should write a song about it.
(People like @timinclimate.bsky.social will tell me if it’s wrong, in a non-mansplainey way)
We’re slowed down by the ‘splain, when there’s no time to lose. Taylor Swift should write a song about it.
(People like @timinclimate.bsky.social will tell me if it’s wrong, in a non-mansplainey way)