Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri

The case of Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri examines the legality of the continued, and possibly indefinite, detention of an asylum seeker - in determining whether mandatory detention was in fact 'mandatory', and legally so, the Federal Court had to examine the complexity between statute, the Constitution and fundamental rights and freedoms at stake.

The Tampa decision : refugee rights versus the executive's power to detain and expel unlawful non-citizens

In Ruddock and Others v Vadarlis and Others the Federal Court had to balance two fundamental but competing rights, the right of the state to secure its frontiers and the rights of individuals not to be subjected to unlawful detention - Court's task was hampered by intense public debate over the illegal refugee crisis - in the wake of 11 September 2001 and the Tampa crisis, the Federal Government has rushed through several amendments to migration laws and border protection legislation.

Supreme Emergencies and the protection of non-combatants in war

Is it ever justifiable to target non-combatants deliberately? This article assesses Michael Walzer's claim that the deliberate targeting of non-combatants may be justifiable during 'supreme emergencies', a view that has received some support but that has elicited little debate. It argues that the supreme emergencies exception to the prohibition on targeting non-combatants is problematic for at least four reasons. First, its utilitarianism contradicts Walzer's wider ethics of war based on a conception of human rights. Second, the exception may undermine the principle of non-combatant immunity. Third, it is based on a historical fallacy. Finally, it is predicated on a strategic fallacy-the idea that killing noncombatants can win wars. The case for rejecting the exception, however, has been opposed by those who persuasively argue that it is wrong to tie leaders' hands when they confront supreme emergencies. The final part of the article addresses this question and suggests that the principle of proportionality may give political leaders room for manoeuvre in supreme emergencies without permitting them deliberately to target non-combatants.

The vacuous concept of dignity

Rights talk dominates contemporary moral discourse. It is also having a growing impact on the development of legal principle and doctrine. One of the best known general arguments in support of rights-based moral theories is the one given by John Rawls, who claims that only rights-based theories take seriously the distinction between human beings; only they can be counted on to protect certain rights and interests that are so paramount that they are beyond the demands of net happiness (Rawls 1971). Charges and assertions of this nature have been extremely influential. After the Second World War, there was an immense increase in rights talk, both in the sheer volume of that talk and in the number of supposed rights being claimed. Rights doctrine has progressed a long way since its original modest aim of providing “a legitimization of … claims against tyrannical or exploiting regimes” (Benn 1978: 61). As Tom Campbell points out: The human rights movement is based on the need for a counter-ideology to combat the abuses and misuses of political authority by those who invoke, as a justification for their activities, the need to subordinate the particular interests of individuals to the general good (Campbell 1996: 13).

Pyramidal cell heterogeneity in the visual cortex of the nocturnal new world owl monkey (aotus trivirgatus)

Recent studies have revealed marked variation in pyramidal cell structure in the visual cortex of macaque and marmoset monkeys. In particular, there is a systematic increase in the size of, and number of spines in, the arbours of pyramidal cells with progression through occipitotemporal (OT) visual areas. In the present study we extend the basis for comparison by investigating pyramidal cell structure in visual areas of the nocturnal owl monkey. As in the diurnal macaque and marmoset monkeys, pyramidal cells became progressively larger and more spinous with anterior progression through OT visual areas. These data suggest that: 1. the trend for more complex pyramidal cells with anterior progression through OT visual areas is a fundamental organizational principle in primate cortex; 2. areal specialization of the pyramidal cell phenotype provides an anatomical substrate for the reconstruction of the visual scene in OT areas; 3. evolutionary specialization of different aspects of visual processing may determine the extent of interareal variation in the pyramidal cell phenotype in different species; and 4. pyramidal cell structure is not necessarily related to brain size. Crown Copyright (C) 2003 Published by Elsevier Science Ltd on behalf of IBRO. All rights reserved.