The constitutional power to make war: domestic legal issues raised by Australia's action in Iraq

The legal power to declare war has traditionally been a part of a prerogative to be exercised solely on advice that passed from the King to the Governor-General no later than 1942. In 2003, the Governor- General was not involved in the decision by the Prime Minister and Cabinet to commit Australian troops to the invasion of Iraq. The authors explore the alternative legal means by which Australia can go to war - means the government in fact used in 2003 - and the constitutional basis of those means. While the prerogative power can be regulated and/or devolved by legislation, and just possibly by practice, there does not seem to be a sound legal basis to assert that the power has been devolved to any other person. It appears that in 2003 the Defence Minister used his legal powers under the Defence Act 1903 (Cth) (as amended in 1975) to give instructions to the service head(s). A powerful argument could be made that the relevant sections of the Defence Act were not intended to be used for the decision to go to war, and that such instructions are for peacetime or in bello decisions. If so, the power to make war remains within the prerogative to be exercised on advice. Interviews with the then Governor-General indicate that Prime Minister Howard had planned to take the matter to the Federal Executive Council 'for noting', but did not do so after the Governor-General sought the views of the then Attorney-General about relevant issues of international law. The exchange raises many issues, but those of interest concern the kinds of questions the Governor-General could and should ask about proposed international action and whether they in any way mirror the assurances that are uncontroversially required for domestic action. In 2003, the Governor-General's scrutiny was the only independent scrutiny available because the legality of the decision to go to war was not a matter that could be determined in the High Court, and the federal government had taken action in March 2002 that effectively prevented the matter coming before the International Court of Justice

The Asian Tsunami Fallout : Can Schools help Troubled Students

What is the responsibility of schools in managing student mental health in the aftermath of global mega-disasters that saturate the media? Here, the focus is on the Asian tsunami but the same question can be asked in relation to other disturbing events, such as September 11, Australian bushfires with local fatalities and the Iraq War.

The 2008 Tibet riots : perspectives, divided group protests and divergent media narratives

Awareness of the power of the mass media to communicate images of protest to global audiences and, in so doing, to capture space in global media discourses is a central feature of the transnational protest movement. A number of protest movements have formed around opposition to concepts and practices that operate beyond national borders, such as neoliberal globalization or threats to the environment. However, transnational protests also involve more geographically discreet issues such as claims to national independence or greater religious or political freedom by groups within specific national contexts. Appealing to the international community for support is a familiar strategy for communities who feel that they are being discriminated against or ignored by a national government.

The role of gender and framing in shaping community activists' perceptions of environmental risks

campaign to oppose projects proposed in their local community. The social constructionist perspective advocates that these motivations are driven by activists’ interpretation of reality, such that activists will assign multiple meanings to and frame environmental issues in a way that reflects their view of reality. Past research suggest that these are also influenced by patterns of shared meaning and interpretation that develop over time in protest movements that shape activists’ perceptions of the environmental risks and impacts associated with construction activity. This paper explores the role of gender distinctions in shaping perceptions of environmental risk and how this affects their framing of the environmental, social, cultural/ historical impacts associated with a construction project. Using Snow and Benford’s (1988) 3-prong analytical tool for framing: diagnostic framing, prognostic framing and motivational framing, this paper presents findings from the content analysis of in-depth interviews of 24 activists protesting against a highly controversial housing project in the greater Sydney metropolitan area. The research adopts a single case study approach, and is particularly significant as it investigates an extensive and on-going community-based protest campaign (dating back almost 20 years) that has generated the longest standing 24-hour community picket in Australia.

Social media

In the space of the past decade, the technologies, business models, everyday uses and public understandings of social media have co-evolved rapidly. In the early to mid 2000s, websites like MySpace, Facebook or Twitter were garnering interest in both the press and academia as places for amateur creativity, political subversion or trivial time-wasting on the behalf of subcultures of geeks or ‘digital natives’, but such websites were not seen as legitimate, mainstream media organisations, nor were they generally understood as respectable places for professionals (other than new media professionals) to conduct business. By late 2011, online marketing company Comscore was reporting that social networking was “the most popular online activity worldwide accounting for nearly 1 in every 5 minutes spent online”, reaching 82 percent of the world’s Internet population, or 1.2 billion users (Comscore, 2011). Today, social media is firmly established as an industry sector in its own right, and is deeply entangled with and embedded in the practices and everyday lives of media professionals, celebrities and ordinary users. We might now think of it as an embedded communications infrastructure extending across culture, society and the economy – ranging from local government Facebook pages alerting us to kerbside collection, to Tumblr blogs providing humorous cultural commentary by curating animated .gifs, to Telstra Twitter accounts responding to user requests for tech help, and to Yelp reviews helping us find somewhere to grab dinner in a strange town. As well as at least appearing to be near-ubiquitous, social media is increasingly seen as highly significant by scholars researching issues as diverse as journalistic practice (Hermida, 2012), the coordination of government and community responses to natural disasters (Bruns & Burgess, 2012), and the activities of global social and political protest movements (Howard & Hussain, 2013)...

Occupy Oakland and #oo : uses of Twitter within the Occupy movement

Social media have become crucial tools for political activists and protest movements, providing another channel for promoting messages and garnering support. Twitter, in particular, has been identified as a noteworthy medium for protests in countries including Iran and Egypt to receive global attention. The Occupy movement, originating with protests in, and the physical occupation of, Wall Street, and inspiring similar demonstrations in other U.S. cities and around the world, has been intrinsically linked with social media through location-specific hashtags: #ows for Occupy Wall Street, #occupysf for San Francisco, and so on. While the individual protests have a specific geographical focus-highlighted by the physical occupation of parks, buildings, and other urban areas-Twitter provides a means for these different movements to be linked and promoted through tweets containing multiple hashtags. It also serves as a channel for tactical communications during actions and as a space in which movement debates take place. This paper examines Twitter's use within the Occupy Oakland movement. We use a mixture of ethnographic research through interviews with activists and participant observation of the movements' activities, and a dataset of public tweets containing the #oo hashtag from early 2012. This research methodology allows us to develop a more accurate and nuanced understanding of how movement activists use Twitter by cross-checking trends in the online data with observations and activists' own reported use of Twitter. We also study the connections between a geographically focused movement such as Occupy Oakland and related, but physically distant, protests taking place concurrently in other cities. This study forms part of a wider research project, Mapping Movements, exploring the politics of place, investigating how social movements are composed and sustained, and the uses of online communication within these movements.

Review: "Critical Lessons – What our schools should teach"

At a time when debate over critical education is still going on in Australia, Nel Noddings’ book “Critical Lessons, What Our Schools Should Teach” is a timely and important read.Emeritus Professor of Education at Stanford University, Noddings calls us afresh to consider the deeper questions about the purpose of education – teaching adolescents to think clearly, critically and creatively in times when controversial topics (like the Iraq war) are often taboo in school curricula. In the face of what Noddings calls a pervasive neglect of critical and reflective thinking in high schools, teachers and teacher educators are asked to reconsider what we teach and the way we teach it.

The empire goes to war : News Corporation and Iraq

The three main contributors to the war on Iraq in March 2003 (the United States, United Kingdom and Australia) are also the three most significant countries in which Rupert Murdoch's News Corporation operates. This article examines the degree of editorial conformity (or otherwise) that existed across the news media of News Corporation in six months leading to the invasion. It compares the framing of the arguments for war and finds significant similarities across the three countries, especially in the output of columnists and commentators employed by News Corporation. While generally pro-war, however, News Corporation outlets also displayed local variations in the caution or stridency of their editorial pitch as well as the degree of toleration for debate. The extent and significance of these variations are used in the article to argue for the development of a more complex political economy model in the study of private news media bias.

The language of neofeudal corporatism and the war on Iraq

In this paper we argue that the term “capitalism” is no longer useful for understanding the current system of political economic relations in which we live. Rather, we argue that the system can be more usefully characterised as neofeudal corporatism. Using examples drawn from a 300,000 word corpus of public utterances by three political leaders from the “coalition of the willing”— George W. Bush, Tony Blair, and John Howard—we show some defining characteristics of this relatively new system and how they are manifest in political language about the invasion of Iraq.

"Get new lawyers!"

In James Rubin's account of the Kosovo war, he describes an exchange between Secretary Albright and Robin Cook (the British Foreign Secretary). Cook was explaining that it is difficult for Britain to commit to the war without UN Security Council approval because the legal advice he had received was that such action would be illegal under international law. Albright's response was, simply, "get new lawyers". Rubin "credits" Blair with a "push" that swung the British to "finally agree" that a UN Security Council resolution was "not legally required". Robin Cook later stated in Parliament and that the war was legal. Interestingly, Blair did not. This article does not look at whether or not such an exchange took place; rather look at the ethical issues that such a situation would generate. The article suggests what the ethical obligations of the key legal players in such institutional dramas should be—including governments seeking advice, the lawyers giving it, the ministers reporting it and the opposition in Parliament. The article sets out the particular responsibilities of the lawyers and officials of a Westminster system. It also sets out some of the institutional mechanisms for making it more likely that those obligations are fulfilled—as always through the interaction of obligations by different players that make it more risky for any player to breach his or her ethical obligations. Analogous duties would be faced by the relevant actors in other systems.

Youth identities : time, space and social exclusion : exploring youth policy and practice in Sheffield, 1999-2003

The type and quality of youth identities ascribed to young people living in residual housing areas present opportunities for action as well as structural constraints. In this book three ethnographies, based on a youth work practitioner's observations, interviews and participation in local networks, identify young people's resistant identities. Through an analysis of social exclusion, youth policies and interviews with young people, youth workers and their managers, the book outlines a contingent network of relationships that hinder informal learning. Globalisation, individualisation, welfare/education reform and the rise of cultural social movements act upon youth identities and steer youth policies to subordinate the notion of informal group learning. Drawing on Castells' and Touraine's sociological models of identity, the book explores youth as a category of time and residual housing areas as a category of space, as they pertain to local dynamics of social exclusion.

Journalists at war

Journalism is an especially hazardous profession when it takes the reporter into zones of war and conflict. The Committee to Protect Journalists records that in 2010 44 journalists were killed while carrying out their duties. Some of these were reporting conflict in Afghanistan, Somalia, Iraq and elsewhere. Others were on assignments covering crime and corruption in Mexico, Russia, Venezuela*all places where telling truth to power can easily get you killed, beaten or banged up. In the last 20 years some 874 journalists have been killed on the job, and we salute them all. Journalists get criticised a lot by we scholars, and often for good reason. They can be villains, for sure, but they can also be heroes, when they lay down their lives in the pursuit of the truth. As this piece was being edited, photojournalists Tim Hetherington and Chris Hondros were killed in Libya.

Cultural chaos : Journalism, News and Power in a Globalised World

With examples drawn from media coverage of the War on Terror, the 2003 invasion of Iraq, Hurricane Katrina and the London underground bombings, Cultural Chaos explores the changing relationship between journalism and power in an increasingly globalised news culture. In this new text, Brian McNair examines the processes of cultural, geographic and political dissolution in the post-Cold War era and the rapid evolution of information and communication technologies. He investigates the impact of these trends on domestic and international journalism and on political processes in democratic and authoritarian societies across the world. Written in a lively and accessible style, Cultural Chaos provides students with an overview of the evolution of the sociology of journalism, a critical review of current thinking within media studies and an argument for a revision and renewal of the paradigms that have dominated the field since the early twentieth century. Separate chapters are devoted to new developments such as the rise of the blogosphere and satellite television news and their impact on journalism more generally. Cultural Chaos will be essential reading for all those interested in the emerging globalised news culture of the twenty-first century.