Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Wednesday, November 30, 2016

Notes: Saturday, July 2-Wednesday, November 30, 2016

1. A couple of recent items regarding The High Court of Australia

1.1 Dr. Maley on the High Court's Gay Marriage ruling

See The Centre for Independent Studies' (C.I.S.'s) Occasional Paper 147 The High Court, Democracy and Same Sex Marriage, by Dr. Barry Maley (a Senior Fellow at The C.I.S.), published by The C.I.S., Sydney, July 2016:

https://www.cis.org.au/publications/occasional-papers/the-high-court-democracy-and-same-sex-marriage

or go straight hither:

https://www.cis.org.au/app/uploads/2016/07/op147.pdf

(That Paper came to my attention via Dr. Maley's opinion piece "DEFINITION NOT MADE IN HEAVEN" on p. 12 in the "COMMENTARY" pages of The Australian, Tuesday, July 26, 2016, Second Edition, No. 16100, ISSN 1038-8761, published by Nationwide News Pty. Limited, available at The C.I.S.'s website under the headline "Marriage deserves a referendum, not a quickie plebiscite", with the same date:

https://www.cis.org.au/commentary/articles/marriage-deserves-a-referendum-not-a-quickie-plebiscite

Labels: Constitution, G.L.B.T., H.C.A., law, marriage

1.2 The plebiscites in 1898 and ’99 which "were held in each of the Australian colonies to ensure that the people approved of the Constitution before it was enacted in Britain" "are treated by the High Court as part of the basis for popular sovereignty in Australia."

The quotations in that headline come from the opinion piece "Plebiscite a casualty in the debate over marriage laws", by Prof. Anne Twomey (a Professor of Constitutional Law at The University of Sydney), dated October 7, 2016, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/business/legal-affairs/plebiscite-a-casualty-in-the-debate-over-marriage-laws/news-story/7847b6a78619996ac6435e78c30d59ec

(That article came to my attention via the version printed on p. 28 in the "LEGAL AFFAIRS" pages of The Australian, Friday, October 7, 2016, Second Edition, No. 16163, ISSN 1038-8761, published by Nationwide News Pty. Limited; if I recall correctly, the headline was "Let's not demonise plebiscites in the heat of the debate over our marriage laws".)

Labels: H.C.A., morals

2. "The Australian Business and Community Network (ABCN) Scholarship Foundation will award 20 scholarships for disadvantaged students in 2016. The ABCN Scholarship Foundation, at the request of our donors, allocates some scholarships in specific categories including Indigenous, refugee, LGBTI and State-based scholarships. … Early in 2016, the Citi Pride network proposed raising funds to support a student identifying as LGBTI, in recognition of additional challenges faced by LGBTI students in their senior years of schooling. The scholarship is funded by individual donations from Citi and other corporate employees, with Citi matching individual donations."

The quotation, excluding my ellipsis, in that headline comes from the "ABCN Scholarship Foundation Statement August 2016", available for download from the "News and Media Releases" webpage at the A.B.C.N.'s website:

https://www.abcn.com.au/about-us/news-and-media-releases

Or go straight hither:

https://www.abcn.com.au/sites/default/files/ABCN%20Scholarship%20Foundation%20Statement%20August%202016.pdf

See also item 6.3 of this issue of "Notes".

Labels: education, G.L.B.T.

3. "The first stage of the National Domestic and Family Violence Bench Book is available on the Australasian Institute of Judicial Administration's website."

The quotation, including its hyperlink, in that headline comes from the media release "New resource to assist victims of family violence", dated August 18, 2016, downloaded from the official website of the Attorney-General for Australia (The Hon. Sen. George Brandis Q.C.):

https://www.attorneygeneral.gov.au/Mediareleases/Pages/2016/ThirdQuarter/New-resource-to-assist-victims-of-family-violence.aspx

Labels: feminism

4. H.M. Victorian Government's Resilience, Rights and Respectful Relationships 'learning resources' are available here:

http://www.education.vic.gov.au/about/programs/health/Pages/teaching-and-learning-materials.aspx

Or go straight hither:

http://fuse.education.vic.gov.au/ResourcePackage/ByPin?pin=2JZX4R

See also the Media Release "Victoria Leading The Way On Respectful Relationships", dated October 10, 2016, attributed to the Victorian Minister for Education (The Hon. James Merlino M.P.), downloaded from the official Premier of Victoria website:

http://www.premier.vic.gov.au/victoria-leading-the-way-on-respectful-relationships/

(and also available under the same headline (though with all the letters capitalised) and with the same date at Mr. Merlino's own website:

http://www.jamesmerlino.com.au/media-releases/victoria-leading-the-way-on-respectful-relationships/)

Labels: education, feminism, G.L.B.T., morals, multiculturalism, relativism, Victoria

5. Dr. Morrall on a supposed change in Christian political philosophy:
… The ‘conventional’ notion of many Christian thinkers about human government as part remedy, part punishment for the Fall of Man, led to a depreciatory view of political institutions and activity.
The position began to change round about the time of the economic, social and cultural revivals of the tenth and subsequent centuries. With the loss of distrust for human reason and its achievements came a gradual strengthening of belief in the natural character of political life as beneficial for man and corresponding to an inherent need of his being. Classical sources familiar to the medieval philosophers of the twelfth century, particularly Cicero and the Timaeus dialogue by Plato, had spoken of Nature as the inspiration of the life of men in society. But the biggest single source of the revival of belief in the naturalness of political activity was the return of knowledge of Roman Law as collected by Justinian in his Corpus of Civil Law. This was beginning to be studied in the Italian legal schools, particularly Bologna, in the eleventh century. Throughout the Middle Ages Bologna was to remain the great centre of legal studies for both Civil and Canon Law.

[italics in the original, my ellipsis (and deleted dashes where a word spanned two lines; for the original format of the text, see the Appendix to this post),
pp. 158 f., Ch. 6 ("EPILOGUE: MEDIEVAL GOVERNMENT AND ITS DILEMMA"), The Medieval Imprint: The Founding of the Western European Tradition, by John B. Morrall, published by Penguin Books, Harmondsworth, Middlesex, England, 1970]
Labels: morals

6. Prof. van Onselen, approvingly (or at least sympathetically), on Conservativism as Retarded Progressivism: "Conservatism in its purest form is about slowing down the pace of change to ensure that adjustments in policy settings when they do happen are well thought through."

(Note that by using the word 'retarded' I intend no allusion to what is these days called being developmentally delayed.) The quotation in that headline comes from the opinion piece "Fringe-dwelling reactionaries tarnish true conservatism", by Prof. Peter van Onselen, dated October 22, 2016, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/opinion/columnists/peter-van-onselen/fringedwelling-reactionaries-tarnish-true-conservatism/news-story/84662346c74564581fd974b3d61873df

(That article came to my attention via the version printed under the same headline (though with all the letters capitalised), with the same author, on p. 22 in the "COMMENTARY" pages of the "INQUIRER" section of The Weekend Australian, October 22-23, 2016, First Edition, No. 16176, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: liberalism

7. "It’s always been the case that the scheme has been designed, and these changes are also designed, to try and ensure that as many mothers are participating in the workforce and are able to re-participate after the birth of a child, having provided for a fair amount of time to bond with the child after birth." (The scheme in question is H.M.A. Government's paid maternity leave scheme.)

The quotation in that headline is attributed to the Federal Minister for Social Services (The Hon. Christian Porter M.P.) in the interview transcript "ABC Radio National Breakfast with Fran Kelly", dated October 24, 2016, downloaded from Mr. Porter's Ministerial website:

http://christianporter.dss.gov.au/transcripts/abc-radio-national-breakfast-with-fran-kelly-0

Labels: economic rationalism, economics, family, feminism, P.P.L., tax, work

Reginaldvs Cantvar
St. Andrew's Day, A.D. 2016

Appendix: Item 5's quotation in its original format:

[p. 158]
… The ‘conven-
tional’ notion of many Christian thinkers about human
government as part remedy, part punishment for the
Fall of Man, led to a depreciatory view of political in-
stitutions and activity.
The position began to change round about the time
of the economic, social and cultural revivals of the tenth
and subsequent centuries. With the loss of distrust for
human reason and its achievements came a gradual
strengthening of belief in the natural character of poli-
tical life as beneficial for man and corresponding to an
[p. 159]
inherent need of his being. Classical sources familiar to
the medieval philosophers of the twelfth century, par-
ticularly Cicero and the Timaeus dialogue by Plato, had
spoken of Nature as the inspiration of the life of men
in society. But the biggest single source of the revival of
belief in the naturalness of political activity was the re-
turn of knowledge of Roman Law as collected by Justin-
ian in his Corpus of Civil Law. This was beginning to be
studied in the Italian legal schools, particularly Bolog-
na, in the eleventh century. Throughout the Middle
Ages Bologna was to remain the great centre of legal
studies for both Civil and Canon Law.
[italics in the original, my ellipsis; note that, in the original, the first line of the second paragraph was indented,
pp. 158 f., Ch. 6 ("EPILOGUE: MEDIEVAL GOVERNMENT AND ITS DILEMMA"), The Medieval Imprint: The Founding of the Western European Tradition, by John B. Morrall, published by Penguin Books, Harmondsworth, Middlesex, England, 1970]

Tuesday, December 31, 2013

Notes: Wednesday, December 4-Tuesday, December 31, 2013 (part 2 of 3)

9. The United Nations Committee on the Rights of the Child "recommended that corporal punishment be explicitly prohibited in all states and territories" and "that ‘reasonable chastisement’ not be used as a defence to the charge of assault of a child"

The quotations in that headline come from p. 24 of the Children’s Rights Report 2013 by Australia's National Children's Commissioner, Ms Megan Mitchell, for the Australian Human Rights Commission (A.H.R.C.), downloaded from the A.H.R.C.'s website:

http://www.humanrights.gov.au/publications/childrens-rights-report-2013

Labels: A.H.R.C., corporal punishment, families, human rights, U.N.O.

10. Prof. Williams on, among other things, Australian Marriage Equality's intervention in the High Court to argue that Federal Parliament can legislate for Gay Marriage, and the failure of Gay Marriage's opponents to intervene to argue the contrary

See the opinion piece "Gay marriage is now only a matter of political will", by Prof. George Williams, dated December 17, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/gay-marriage-is-now-only-a-matter-of-political-will-20131216-2zh9h.html?skin=text-only

See also the letter published on the webpage "It's a challenge to stand up to anti-Israel zealots" under the headline "Court's so-called activism", by Mr. Rodney Croome A.M., dated December 30, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/opinion/letters/its-a-challenge-to-stand-up-to-antiisrael-zealots/story-fn558imw-1226791564914

Labels: A.M.E., Constitution, G.L.B.T., H.C.A., law, marriage

11. "A federal judge ruled that a law banning the "cohabitation" of a man and several women in marriage-like relationships in Utah violated the First Amendment."

The quotation in that headline comes from the article "Polygamist Kody Brown wins the right to live with four Mrs Browns", by Rhys Blakely, dated December 17, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/world/polygamist-kody-brown-wins-the-right-to-live-with-four-mrs-browns/story-fnb64oi6-1226784779999

Labels: polyamory

12. Mr. O'Malley on how the "slights issuing from the White House to the Russian hosts of the 2014 Winter Olympic Games could not be more studied nor more pointed"

See the article "'Busy' Obama sends gay delegate Billie Jean King to Russia's Olympics", by Nick O'Malley, dated December 27, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/busy-obama-sends-gay-delegate-billie-jean-king-to-russias-olympics-20131227-hv6z4.html?skin=text-only

(That article was also printed under the headline "Obama's message on Russian gay laws", with the same author, on p. 11 in the "WORLD REPORT" section of The Sydney Morning Herald, Weekend Edition, December 28-29, 2013, No. 54981, ISSN 0312-6315.)

See also the articles "Barack Obama's Billie Jean King move checkmates Russia's anti-gay laws" and "A day in the life of: The Olympics", no bylines, dated December 18 and 20, 2013, respectively, downloaded from The Australian's website:

http://www.theaustralian.com.au/sport/barack-obamas-billie-jean-king-move-checkmates-russias-antigay-laws/story-e6frg7mf-1226785906532

http://www.theaustralian.com.au/news/world/a-day-in-the-life-of-the-olympics/story-e6frg6so-1226786860020

Labels: Barack Obama, G.L.B.T., Vladimir Putin

13. "The World Health Organization (WHO) is distributing a document setting the standards for sexual education in Europe"

The quotation in that headline comes from the article "WHO sex-ed guidelines promote masturbation, abortion, homosexuality to children: parents outraged", by Sofia Vazquez-Mellado, dated October 8, 2013, downloaded from LifeSiteNews.com:

http://www.lifesitenews.com/news/who-sex-ed-guidelines-promote-masturbation-abortion-homosexuality-to-childr

(That article came to my attention via this blog post by Mr. Muehlenberg.) The document (Standards for Sexuality Education in Europe) is available for download from the WHO Collaborating Centre for Sexual and Reproductive Health website's "WHO Regional Office for Europe and BZgA: Standards for Sexuality Education in Europe" webpage:

http://www.bzga-whocc.de/?uid=685e1296995416b8b1d7cee2469dde0b&id=Seite4489

Labels: sex ed, U.N.O., vice

14. The face of Liberalism

See the article "Original Tussaud mask restores face of the Terror, pockmarks and all", no byline, dated December 18, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/world/original-tussaud-mask-restores-face-of-the-terror-pockmarks-and-all/story-fnb64oi6-1226785303384

Labels: liberalism

Reginaldvs Cantvar
Tuesday in the Octave of Christmas, and the feast of St. Sylvester I., Pope, Confessor, A.D. 2013

Tuesday, December 17, 2013

Some points of interests in the High Court's December 12, 2013 Gay Marriage judgment

The following bullet points contain quotations, followed by their respective paragraph numbers, from the text of the High Court of Australia's Reasons for Judgment, on December 12, 2013, in the case of the Commonwealth of Australia v. the Australian Capital Territory 2013 (HCA 55):

http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html

All bold, italics, parentheses, and hyperlinks are as in the original.
  • This Court must decide whether s 51(xxi) permits the federal Parliament to make a law with respect to same sex marriage because the ACT Act would probably operate concurrently with the Marriage Act if the federal Parliament had no power to make a national law[5] providing for same sex marriage. If the federal Parliament did not have power to make a national law with respect to same sex marriage, the ACT Act would provide for a kind of union which the federal Parliament could not legislate to establish. By contrast, if the federal Parliament can make a national law providing for same sex marriage, and has provided that the only form of marriage shall be between a man and a woman, the two laws cannot operate concurrently.
    9
  • Because the status, the rights and obligations which attach to the status and the social institution reflected in the status are not, and never have been, immutable, there is no warrant for reading the legislative power given by s 51(xxi) as tied to the state of the law with respect to marriage at federation. Tying the ambit of the head of power to the then state of the law would fail to recognise that, as Higgins J said[26] in Attorney-General for NSW v Brewery Employés Union of NSW ("the Union Label Case"), it is necessary to construe the Constitution remembering that "it is a Constitution, a mechanism under which laws are to be made, and not a mere Act which declares what the law is to be". Not only that, it would fail to recognise that, as Windeyer J demonstrated[27] in the Marriage Act Case, "[m]arriage can have a wider meaning for law" than the meaning given in Hyde v Hyde. The definition in Hyde v Hyde was proffered[28] as a statement of "essential elements and invariable features" in answer to the question "What, then, is the nature of this institution as understood in Christendom?" The answer to that question cannot be the answer to the question "What is the nature of the subject matter of the marriage power in the Australian Constitution?"
    19
  • the definitions of marriage given in Hyde v Hyde and similar nineteenth century cases governed what kinds of marriage contracted in a foreign jurisdiction would be treated as yielding the same or similar rights and consequences as a marriage contracted in England in accordance with English law. They were cases which necessarily accepted that there could be other kinds of relationship which could properly be described as "marriage" and the cases sought to deal with that observation by confining the kinds of marriage which would be recognised in English law to those which closely approximated a marriage contracted in England under English law.
    28
  • statements made in cases like Hyde v Hyde, suggesting that a potentially polygamous marriage could never be recognised in English law, were later qualified by both judge-made law and statute to the point where in both England and Australia the law now recognises polygamous marriages for many purposes[46].
    Once it is accepted that "marriage" can include polygamous marriages, it becomes evident that the juristic concept of "marriage" cannot be confined to a union having the characteristics described in Hyde v Hyde and other nineteenth century cases. Rather, "marriage" is to be understood in s 51(xxi) of the Constitution as referring to a consensual union formed between natural persons in accordance with legally prescribed requirements which is not only a union the law recognises as intended to endure and be terminable only in accordance with law but also a union to which the law accords a status affecting and defining mutual rights and obligations.
    32 and 33
  • When used in s 51(xxi), "marriage" is a term which includes a marriage between persons of the same sex.
    38
  • contrary to the submissions of the Territory, the topic within which the status falls must be identified by reference to the legal content and consequences of the status, not merely the description given to it.
    60
Reginaldvs Cantvar
17.XII.2013

Monday, August 5, 2013

Notes: Wednesday, June 26-Monday, August 5, 2013 (part 1 of 2)

1. A couple of recent items regarding Australian foreign policy and Feminism, abortion, and contraception

1.1 What AusAID's Feminism-abortion-contraception training programmes look like

See the article "Ladies dispense tough justice", by Rosemary Neill, dated June 29, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/features/ladies-dispense-tough-justice/story-e6frg6z6-1226671595465

(That article came to my attention via the version printed under the same headline and with the same byline on p. 24 of the "INQUIRER" section of The Weekend Australian, June 29-30, 2013, First Edition, No. 15153, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

See also item 12 of this Notes post and item 1 of this Notes post.

Labels: abortion, contraception, feminism

1.2 Mr.—now Sen.—Carr "makes his case for … Australian foreign aid tied to population control policies."

At the end of last year, I logged, in item 7 of this Notes post, Sen. The Hon. Bob Carr, Australia's Minister for Foreign Affairs, writing that
On the Security Council we'll be working for the rights of women and girls - to education, training and jobs, and to maternal and reproductive healthcare. Its what we're already doing in Myanmar, Indonesia and elsewhere in the Asia Pacific.
The following quotation—Sen. Carr's answer, presumably in late 1999 or early 2000 (when Sen. Carr was The Hon. Bob Carr M.P., Premier of New South Wales), to an interview question—might shed some light on Sen. Carr's motives for that work:
Well, all our foreign aid has got to be made dependent on population control policies in these countries[, i.e., "Third World" countries] and on the empowerment of women. The most useful nexus here is the empowerment of women, their empowerment through legal rights, legal entitlements and education. That's the indicator that most effectively curbs population, and we've got to think about this. We are all citizens of this planet, there is no other planet and NSW is not a region of the Federal Republic of Mars. State leaders are quite entitled to discuss global warming because in the end it affects us all.
[bold type in the original (the interview answers were in bold, the questions not in bold), my interpolation,
interview "populate & perish?", with The Hon. Bob Carr M.P., Premier of New South Wales, downloaded from The University of Sydney's Work and Organisational Studies' "workSite" ("issues in workplace relations") website:
http://worksite.econ.usyd.edu.au/carr.html]
(That interview came to my attention via the Cut & Paste installment "Robert No Headline Carr does a tedious dance before creating a Cut & Paste headline", dated April 15, 2013, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/opinion/cut-paste/robert-no-headline-carr-does-a-tedious-dance-before-creating-a-cut-paste-headline/story-fn72xczz-1226620292926)

Labels: abortion, contraception, feminism

2. "In NSW more than 50 per cent of school-age Catholics at-tend non-Catholic schools"

The quotation, including all the dashes (the second of them resulted from the word "attend" spanning two lines), in that headline comes from the Confraternity of Christian Doctrine (Archdiocese of Sydney) Noticeboard article "80 attend Northern Mass", no byline, p. 32 (the "Classifieds, What's on and CCD Noticeboard" page), the Sydney Catholic Weekly, Vol. 72, No. 4679, published by The Catholic Press Newspaper Company Pty. Ltd.) (That article is apparently not available online.)

Labels: Catholic schools, education

3. "Ms Plibsersek said two drugs used to terminate pregnancy for medical reasons would also be available through the PBS[ the Pharmaceutical Benefits Scheme] from 1 August 2013"; those drugs, namely "Mifepristone (Linepharma®) and misoprostol (GyMiso200®)[,] will be subsidised for medical terminations up to 49 days of gestation."

The quotations, excluding my square-bracketed interpolations, in that headline come from the Ministerial media release "New Generation Medicines Added to the PBS", dated June 30, 2013, downloaded from the Ministerial subsite of the Federal Department of Health and Ageing's website:

http://www.health.gov.au/internet/ministers/publishing.nsf/Content/mr-yr13-tp-tp068.htm

(The Minister in question is the Minister for Health, The Hon. Tanya Plibersek M.P. (who is also the Minister for Medical Research).) See also the article "Julia Gillard's cut-price abortion drug as RU486 slashed to $12", by Samantha Maiden, dated June 30, 2013, downloaded from the Sydney Daily Telegraph's website:

http://www.dailytelegraph.com.au/news/nsw/julia-gillards-cut-price-abortion-drug-as-ru486-slashed-to-12/story-fni0cx12-1226671939686

(That article came to my attention via this blog post by Miss Edwards.) See also the article "‘Horror’ at RU486 move", by Damir Govorcin, dated July 3, 2013, downloaded from the Sydney Catholic Weekly's website:

http://www.catholicweekly.com.au/article.php?classID=1&subclassID=2&articleID=12397&class=News&subclass=CW National

(That article came to my attention via the version printed under the same headline and with the same byline on p. 2 of The Catholic Weekly, July 7, 2013, Vol. 72, No. 4680, published by The Catholic Press Newspaper Company Pty. Ltd.)

Labels: abortion, RU486

4. "Kasper Admits Intentional Ambiguity" (in Vatican II's documents)

The quotation in that headline is the headline of a blog post by Boniface, dated Sunday, April 14, 2013, downloaded from the Unam Sanctam Catholicam blog:

http://unamsanctamcatholicam.blogspot.com/2013/04/kasper-admits-intentional-ambiguity.html

(That post came to my attention via this AQ post.)

Labels: Vatican II, Walter Kasper

5. "The percentage of wives having affairs rose almost 40 percent during the last two decades to 14.7 percent in 2010, while the number of men admitting to extramarital affairs held constant at 21 percent, according to the latest data from the National Opinion Research Centre's General Social Survey."

The quotation in that headline comes from the article "In US, cheating is not just for husbands anymore", by Frank Bass, dated July 2, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/in-us-cheating-is-not-just-for-husbands-anymore-20130702-2p971.html?skin=text-only

Labels: adultery, marriage, social trends, vice

6. Sydney's "Archbishop[ Michael] Kelly had been created count of the Holy Roman Empire and assistant at the Pontifical Throne in 1926."

The quotation, excluding my square-bracketed interpolation, in that headline comes from the Australian Dictionary of Biography entry "Kelly, Michael (1850–1940)", by Patrick O'Farrell:

http://adb.anu.edu.au/biography/kelly-michael-6920

(Msgr. Kelly's creation as Count of the Holy Roman Empire came to my attention via a photo caption in this Catholica post.)

Labels: Holy Roman Empire

7. A couple of recent items regarding the Australian Defence Force

7.1 "THE person behind the stirring speech delivered by army chief Lieutenant General David Morrison in the wake of shocking revelations about an army email sex ring was his transgender speechwriter, Lieutenant Colonel Cate McGregor."

The quotation, including its bold type (it was the first paragraph of an article), in that headline comes from the article "Transgender Lieutenant Colonel Cate McGregor speaks out about abuse and support", by Ian McPhedran, dated July 5, 2013, downloaded from the Sydney Daily Telegraph's website:

http://www.dailytelegraph.com.au/news/national/transgender-lieutenant-colonel-cate-mcgregor-speaks-out-about-abuse-and-support/story-fni0xqrc-1226674523255

(That article came to my attention via the version printed under the headline "Courage and true defence of choice", with the same byline, on p. 25 of The Daily Telegraph, Friday, July 5, 2013, Vol 1, No. 2891, ISSN 1038-8745, published by Nationwide News Pty. Ltd.)

See also the blog post "Some jokers are real", by Mr. Bernard Gaynor, dated July 20, 2013, downloaded from his website:

http://bernardgaynor.com.au/some-jokers-are-real/

Labels: A.D.F.

7.2 (More from) Mr. Gaynor on the Australian Defence Force

See the blog post "What I note about the Australian Defence Force", by Mr. Bernard Gaynor, dated June 28, 2013, downloaded from his website:

http://bernardgaynor.com.au/what-i-note-about-the-australian-defence-force/

(That post came to my attention via this True Catholic thread.)

Labels: A.D.F.

8. Mr. Parrett and Prof. Williams on 'separation of Church and State' in Australia

See the letter which was published under the heading "Education funding: Separation of Church and state", by Mr. Colliss Parrett, dated July 3, 2013, downloaded from the Sydney Catholic Weekly's website:

http://www.catholicweekly.com.au/article.php?classID=2&subclassID=5&articleID=12404&class=Comment&subclass=Letters

(That letter came to my attention via the version published under the same heading and by the same author on p. 8 of The Catholic Weekly, Vol. 72, No. 4680, published by the Catholic Press Newspaper Company Pty. Ltd.)

See also the opinion piece "Nation's very foundation built on right to choose own god", by Prof. George Williams, dated July 16, 2013, downloaded from The Sydney Morning Herald's website, in which Prof. Williams writes that
Australian law establishes a separation between church and state, and provides for religious choice. However, the regime is not complete. The constitutional protections say nothing about the states, which remain free to prefer one religion over another, and can ban the employment of people based upon their beliefs.
[http://www.smh.com.au/comment/nations-very-foundation-built-on-right-to-choose-own-god-20130715-2q05e.html?skin=text-only]
(But see, again, Mr. Parrett's letter, and also Dr. Zankin's letter, headed "Christianity holds sway until we become republic", published on the Herald's letters page of July 17, 2013 (headlined "Rudd, Abbott both fail on real action on climate change").)

Labels: Church and State, law, Constitution

Reginaldvs Cantvar
Feast of The Dedication of Our Lady of the Snows', A.D. 2013

Tuesday, November 8, 2011

Notes: Tuesday, November 1-Tuesday, November 8, 2011 (part 1 of 2)

1. "The [Jewish] organizations represented [at Assisi III] are: ... the Anti-Defamation League (Rabbi Eric Greenberg), B’nai B’rith International (David Michaels), ..."

http://angelqueen.org/forum/viewtopic.php?p=422380#422380

(That quotation apparently comes from a report published before Assisi III got underway, strictly speaking, though I'm not aware of any cancellations other than the unrelated cancellation, on his own initiative, of A. C. Grayling.)

Labels: A.D.L., Assisi III, B'nai B'rith, Jews

2. "Pepsi Shareholders Demand It Stop Using Aborted Fetal Cells"

http://angelqueen.org/forum/viewtopic.php?t=39467

Labels: abortion, Pepsi, Senomyx

3. H.H. The Pope on "healthy secularism", "freedom of worship", and religious education

His Holiness's speech of October 31, 2011 to the new Ambassador of Brazil to the Holy See is not yet available in English at the relevant Vatican web-page so I took the following quotation from VIS 20111031 (530), "BRAZIL: FRUITFUL COOPERATION BETWEEN CHURCH AND STATE", an item in a recent edition of the Vatican Information Service's daily e-mail bulletin:
One important chapter of this "shared fertile history" was the agreement the Holy See and the Brazilian government signed in 2008, which "officially and juridically sealed the independence and collaboration of the two parties". In this context, the Pope also expressed the hope that the State would recognise that "healthy secularism must not consider religion as a mere individual sentiment, relegated to the private sphere, but as a reality which, being organised into visible structures, requires public recognition of its presence".

"It is therefore up to the State to ensure that all religious confessions enjoy freedom of worship, and the right to practice their cultural, educational and charitable activities, when these do not contrast with morality or public order", he said. ...

Benedict XVI identified a number of fields of mutual cooperation, including that of education in which the Church has "many institutions which enjoy prestigious recognition in society. The role of education cannot, in fact, be reduced to the mere transmission of knowledge and abilities for professional formation", he explained. "Rather it must comprehend all facets of the individual, from social factors to the longing for transcendence. We must, therefore, reiterate that the teaching of a particular religion in State schools, ... far from indicating that the State assumes or imposes a certain religious belief, is recognition of the fact that religion is an important value in the formation of the individual. ... Not only does this not prejudice the secularism of the State, it guarantees parents' rights to chose the education of their children, thus helping to promote the common good".

[all ellipses, except the one at the end of the second paragraph, in the original]
The State imposing Catholicism on those who were never Catholic is one thing, but what's wrong with the State assuming Catholicism?

(That speech was also reported at CathNews and AQ:

http://www.cathnews.com/article.aspx?aeid=28834

http://angelqueen.org/forum/viewtopic.php?t=39563)

Labels: Benedict XVI. Ratzinger, education, religious liberty, secularism

4. An interesting discussion on H.M. The Queen's authority in Australia

http://scecclesia.com/?p=5898#comments

Labels: Constitution

5. St. Ambrose on how the civil ruler is a minister of God:
St Ambrose affirmed in his Commentary on Luke’s Gospel: “The institution of civil power derives so clearly from God that whoever exercises it is also a minister of God” (Expositio evangelii secundum Lucam 4:29). ...
[http://www.vatican.va/holy_father/benedict_xvi/speeches/2011/october/documents/hf_ben-xvi_spe_20111014_prefetti-italia_en.html]
Labels: political science, St. Ambrose, theology

Reginaldvs Cantvar
Feast of the Four Crowned Martyrs, A.D. 2011

Friday, February 4, 2011

Notes: Tuesday, February 1-Friday, February 4, 2011

1. On Egypt and developments there considered with respect to the State of Israel

From the Herald the other day:

Writing in the Israeli daily Haaretz, military analyst Amos Harel says: "The collapse of the old regime in Cairo, if it takes place, will have a massive effect, mainly negative, on Israel's position in the region. In the long run it could put the peace treaties … in danger, the largest strategic assets [Israel has] after the support of the US."

Explaining what is at stake, a senior Israeli official is quoted in The New York Times: "For the US, Egypt is the keystone of its Middle East policy. For Israel, [Egypt] is the whole arch."

The former Israeli ambassador to Egypt, Eli Shaked, writes: "The only people in Egypt who are committed to peace are the people in Mubarak's inner circle, and if the next president is not one of them, we are going to be in trouble."

[...] Ron Lesham warned in Haaretz of the consequences of Egyptian politics operating without Mubarak: "The parties will be myriad and fragmented, colourless and disappointing, left-wing and right-wing - and all of them hostile to Israel. An unstable, rudderless transition period, a parliamentary democracy in the Turkish model, if not the Iranian, will give rise to a religious regime that within a few years will presumably be in control of the best-trained and best-equipped army in the Middle East."

[my square-bracketed ellipsis, italics and other square-bracketed interpolations in the original,
http://www.smh.com.au/world/peoples-gain-is-loss-for-us-and-israel-as-arab-allies-falter-20110201-1ach7.html?skin=text-only]

Labels: Egypt, State of Israel

2. "Obama signs Russia arms pact"

Excerpt:

US officials said Mr Obama would make the ceremonial gesture in the Oval Office, before the milestone pact comes into force on Saturday at a ceremony in Munich attended by both nations' top diplomats.

Russian President Dmitry Medvedev signed the new START agreement's ratification last Friday after the Russian parliament passed the pact, which was endorsed by the US Senate last month.

The treaty comes into force when the two nations exchange their respective "instruments of ratification".

[http://www.theaustralian.com.au/news/world/obama-signs-russia-arms-pact/story-e6frg6so-1225999016923]


Labels: Russia, U.S.A.

3. On exaggerated reporting of the Australian Christian Lobby's (A.C.L.'s) reaction to the N.S.W. Coalition's plan no longer to abolish ethics classes

http://www.smh.com.au/nsw/christians-vent-anger-after-opposition-abandons-promise-on-ethics-classes-20110203-1afjh.html?skin=text-only

When the critical thinker reads a headline about "Christians vent[ing their] anger" above a first line beginning with the words "FURIOUS Christians", he or she thinks "Those are pretty strong words. Are they warranted?" Now can anyone read that article and tell me how one could answer that question in the affirmative?

Labels: A.C.L., S.M.H.

4. Mr. Ackland on the High Court's dealings with Church-State relations

The excerpts which are of interest to me:
The constitution says that the Commonwealth cannot make a law for establishing a religion, or for imposing religious observance or prohibiting the free exercise of religion. Importantly, ''no religious test shall be required as qualification for any office or public trust under the Commonwealth''.

In 1981, in a case brought by the Defence of Government Schools people, a majority of the Barwick court said state aid was perfectly kosher and did not violate the constitution. Only Justice Lionel Murphy accepted an argument that decisions of the US Supreme Court which prohibited direct government support for religious institutions should be followed here.

The majority did not take a particularly broad view of our constitutional provision, confining the restraint to laws that sought to ''establish'' a religion in Australia. As long as the government did not officially identify itself with one religion or another, then all would be well.

[...] Ron Williams says his children have been subjected to religious zealotry by chaplains employed through the Scripture Union. He has persuaded the Sydney solicitor Claude Bilinsky and barrister Bret Walker to challenge the program on constitutional grounds in the High Court. The case will be heard in May, not as an appeal but as part of the court's original jurisdiction.

[...] Then there is the crunch constitutional point. Any school chaplain engaged under this scheme holds an office under the Commonwealth. By requiring these chaplains to comply with certain guidelines, a ''religious test'' as a qualification for a government job is imposed. This, it is argued, breaches the constitution.

[http://www.smh.com.au/opinion/politics/religiously-follow-the-rules-or-catch-church-in-bed-with-state-20110203-1afbf.html?skin=text-only]
Labels: Church and State, Constitution, High Court of Australia, law

5. Someone who does not oppose assisted suicide on the notion of 'dying with dignity'

An interesting letter in today's Herald:
Throwing in the towel is not dignity

John Newton and Bryan Milner (Letters, February 3) are taking liberties with the English language. Dying with dignity? I don't think so.

Euthanasia legislation parading as dying with dignity is a misnomer and insults those with true dignity. It is silly for a society to make suicide, or even assisting suicide, a crime, but it is hardly a dignified exit to life. When we accord ''dignity'' to those who throw in the towel and say that those who fight to the end ''lack dignity'', we have lost the concept of dignity.

Dignity refers to the human spirit, to qualities worthy of esteem or respect. It has nothing to do with whether someone needs help to eat or go to the bathroom. By all means let people exit how they want but please don't say it was dignified. There is nothing intrinsically wrong with throwing in the towel but that is what it is.

When you feel the need to wrap your actions in inappropriate words to make them palatable, you probably don't truly believe you are doing the most honourable thing.

Mary Ancich Birchgrove

[http://www.smh.com.au/national/letters/recovery-too-great-a-task-to-leave-to-charity-20110203-1afbc.html?skin=text-only]
Labels: euthanasia

6. A couple of interesting websites which I've discovered

Via the Blogger profile of a commenter at Fr. Zuhlsdorf's blog I've discovered that the philosopher Edward Feser has a blog:

http://edwardfeser.blogspot.com/

The first post which I saw at Dr. Feser's blog linked to an article entitled "The Metaphysical Foundations of Natural Law":

http://edwardfeser.blogspot.com/2011/02/oderberg-on-natural-law.html

Natural-law ethics's three metaphysical presumptions are the existence of God, the immortality of the soul, and psychological liberty. I have not read Dr. Oderberg's paper yet but I would be quite interested to do so, if I have time.

Labels: morality, natural law, philosophy

7. "A Review [by Mr. Muehlenberg] of Unplanned. By [former "Planned Parenthood" clinic director] Abby Johnson."

http://www.billmuehlenberg.com/2011/02/04/a-review-of-unplanned-by-abby-johnson/

Labels: Abby Johnson, abortion

Reginaldvs Cantvar
Feast of St. Andrew Corsini, Bishop, Confessor, A.D. 2011

Monday, November 3, 2008

Sir David Smith, Mr. Harry Evans and republicanism by stealth

http://www.smh.com.au/news/opinion/correspondents-pack-an-epistle/2008/10/31/1224956327847.html?page=fullpage#contentSwap1

Mr. Alan Ramsey’s Saturday column in The Sydney Morning Herod contained an account of a fascinating exchange of correspondence between Sir David Smith K.C.V.O., a monarchist and former Official Secretary to the Governor-General, and Mr. Harry Evans, a republican and present Clerk of the Senate.

Sir David wrote in protest against Mr. Evans’ interpretation of the following sections of the Constitution:

59. The Queen may disallow any law within one year from the Governor-General's assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.

60. A proposed law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen's assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen's assent.
(http://www.aph.gov.au/senate/general/constitution/par5cha1.htm)
Mr. Evans asserted in the eleventh editions of Odgers' Australian Senate Practice that “'(Provisions in the Constitution - ss 59 and 60 - for a bill to be reserved for the Queen's assent are now not operative).'” But sections 59 and 60 have not been changed in a referendum and remain fully operative, recent non-use notwithstanding. Mr. Evans said that they were inoperative in

the same sense as a ship is inoperative when tied up at the breaker's yard with her engine dismantled
which is plainly a misrepresentation. Sir David rightly expressed his surprise that Mr. Evans

should take it upon [himself] to make a judgment about what some future government might or might not do in relation to a section of the Constitution that is still alive and well and full of life.
The exchange of letters ended in a compromise: Mr. Evans changed his comment to

Provisions in the Constitution for the interpolation of the monarch into the legislative process do not now operate
in the twelfth edition of Odgers' Australian Senate Practice. ‘Do not now operate’ is an improvement, but now the involvement of the monarch has become an ‘interpolation’, which is hardly the best choice of words.

What we see here is another example of ‘republicanism by stealth’, softening us up for the inevitable second thrust to depose H.M. The Queen.

Reginaldvs Cantvar
All Souls’ Day, 2008 A.D.