The rule of law and the democratic process

The rule of law and the democratic process

“No-one ever argues that governments should have less integrity, that elected officials should not be accountable, or that public servants should behave unethically. Broad statements of the value of integrity, transparency, accountability and ethics gain general agreement from all sides of politics and from all participants in public debate. But government integrity demands more than general expressions of goodwill. Enhancing transparency and accountability requires supportive structures as well as declarations ...

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Nemo nisi Nomen

Nemo nisi Nomen

…believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, inalienable, and sacred rights of man…Men are born and remain free and equal in rights… These rights are liberty, property, security, and resistance to oppression… Declaration of the Rights of Man and the ...

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Right versus religion

Right versus religion

Last week one comment on twitter to some of the Blak and Black crew resulted in considerable discussion about the underlying intent of this wee blog. The commenter, apparently thinking that Bakchos was proselytizing in his post A Hypocrite for a Prime Minister, a Hypocrite for a Chief Minister, fired off this somewhat surprising reply:   Some of the crew were online at the time and promptly replied to the ...

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A process of truth and judgement

A process of truth and judgement

Judgement is our oldest belief, our most habitual holding-true or holding un-true, an assertion or denial, a certainty that something is thus not otherwise, a belief that here we really “know” – what is it that is believed true in all judgements? Friedrich Nietzsche – The Will To Power (trans. Walter Kaufmann and R.J. Hollingdale) P. 288 “Truth”: this, according to my way of thinking, does not necessarily denote the ...

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AFP racism sparks diplomatic row between Australia and Vanuatu

AFP racism sparks diplomatic row between Australia and Vanuatu

On 2nd May, 2012 the Vanuatu Daily Post reported that Private Secretary in the Prime Minister’s Office Clarence Marae had been arrested at Sydney International Airport by the Australian Federal Police (“AFP”) whilst accompanying Vanuatu’s Prime Minister Meltek Sato Kilman Livtunvanu to Israel on a diplomatic mission. Following his arrest, Mr Marae was charged with conspiring to defraud the Commonwealth, contrary to section 86 (1) and 29D of the Crimes ...

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Martens, Moti and the ‘rule of law’ in Australia

Martens, Moti and the ‘rule of law’ in Australia

Captain Fred Martens, whom I have written extensively about on Blak and Black in the past, was employed as a commercial pilot flying light aircraft within PNG and between PNG and Australia. In 2004 Captain Martens became a victim of Australian Federal Police (“AFP”) corruption and/or incompetence, which resulted in the loss of his business interests in PNG, the loss of his freedom (he was incarcerated for nearly 1,000 days ...

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Lost Sovereignty; a disgraced judge and a kidnapped Attorney-General

Lost Sovereignty; a disgraced judge and a kidnapped Attorney-General

Carl Schmitt’s Political Theology: Four Chapters on the Concept of Sovereignty is both famous and obscure. A twentieth-century political theory, containing two canonical sentences: “Sovereign is he who decides on the exception” and “All significant concepts of the modern theory of the state are secularized theological concepts.” These statements are regurgitated by contemporary political and legal theorists time and again. Standing alone, Schmitt’s statements are both puzzling and shocking. Schmitt’s ...

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Moti one of the many victims of white Australia’s black and white concept of justice

Moti one of the many victims of white Australia’s black and white concept of justice

The following is an extract from a news article titled Keelty’s rage at Moti manoeuvres which appeared in the Sydney Morning Herald on October12, 2006. Mr Keelty said yesterday he was concerned about “recent developments” involving both PNG and the Solomons. “If the criminal justice system is corrupted, or otherwise interfered with, a community is left with few options, the least desirable of those options is for them to take ...

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Beware the tolling bell

Beware the tolling bell

“Nunc Lento Sonitu Dicunt, Morieris” (Now this bell, tolling softly for another, says to me, Thou must die.) I have long loved John Donne’s Meditation XVII; it remains pause for thought, even in this secular postmodern age … well, not so secular, but I’ll come to that soon. As with all writing, to read it only partially and without due regard for the period is to misinterpret the context and ...

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A call for a Royal Commission into the AFP

A call for a Royal Commission into the AFP

“A State cannot claim to be operating under the rule of law unless laws are administered fairly, rationally, predictably, consistently and impartially.” (Chief Justice Spigelman, as he then was, in an Address given on 20 March 2003 at the International Legal Services Advisory Council Conference Sydney) Ann Applebaum in Gulag: A History reminds us that the rule of law requires that an individual is punished only for what he does, ...

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Palmer CJ and Bond liaised on Moti’s removal

Palmer CJ and Bond liaised on Moti’s removal

Dear Editor, Palmer CJ and Bond liaised on Moti’s removal I refer to the letter written by his Honour Chief Justice Sir Albert R Palmer CBE in response to an article written by me and published in your newspaper on Friday 15 July, 2011 under the headline “The name is Funk, Skunky Funk”. In his response to my article his Honour commented that: “The only encounter I recall with Peter ...

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Moti appeal exposes mixed loyalties and judicial corruption

Moti appeal exposes mixed loyalties and judicial corruption

Note: The following article appeared in today’s edition of the Fiji Sun and Solomon Star It was written by me in my capacity as a human rights philosopher, researcher, activist and student from the perspective of one who has suffered and continues to suffer the indignity of racial discrimination in his own country. As in the Solomon Islands, my research points to the politicization of the Australian Federal Police by ...

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