The 2017 Australian Marriage Law Postal Plebisurvey: Issues and Controversies

BY MICHAEL MALEY

On 9 August 2017, a government move to restore to the Senate Notice Paper the Plebiscite (Same-Sex Marriage) Bill 2016 was voted down.  Had the Bill been passed, it would have provided for the conduct by the … Read the rest

A new federal integrity system in the making? The case for a Commonwealth anti-corruption agency

BY A J BROWN

Will Australia continue to evolve towards a general-purpose, stand-alone anti-corruption agency at the federal level?  Does it need to?

Important light on both questions is about to be shed by two events: publication of the report … Read the rest

Public Law Events Roundup August 2017

Welcome to the August edition of the AUSPUBLAW Australian Public Law Events Roundup.

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included in this roundup, please contact us at auspublaw@unsw.edu.au.

An

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Australia’s commitment to open government reform

BY PETER TIMMINS

The voters aren’t happy.

While there is no single antidote for this winter of discontent, the way government governs is a contributing factor.

The government tells us that belief in democracy is a shared Australian value and … Read the rest

Public Law Events Roundup July 2017

Welcome to the July edition of the AUSPUBLAW Australian Public Law Events Roundup.  We would like to draw your attention to the annual New South Wales Young Lawyers Public Law and Government Committee’s Sir Anthony Mason Constitutional Law Essay Prize, … Read the rest

The Rule of Law as an Assumption of the Australian Constitution

BY LISA BURTON CRAWFORD

In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest

A decade on: What happened to the historic Blue Mud Bay case (and why is it in the news again)?

BY LAUREN BUTTERLY

On 30 May 2017, the Indigenous Affairs Minister Nigel Scullion announced 7.5 million dollars to help ‘finalise Aboriginal land claims over sea country’ in the Northern Territory (NT). These ‘land claims’, or rather negotiations, relate to the … Read the rest

The Uluru Statement: Towards Federalism with First Nations

BY DYLAN LINO

A momentous thing happened on 26 May 2017. Gathered together in the shadow of Uluru for an unprecedented National Constitutional Convention, over 200 Aboriginal and Torres Strait Islander delegates ‘coming from all points of the southern sky’ … Read the rest

Public Law Events Roundup June 2017

Welcome to the June edition of the AUSPUBLAW Australian Public Law Events Roundup. We’d like to thank the Gilbert + Tobin Centre Social Justice Intern, Nakul Bhagwat for again doing an excellent job assisting us in compiling this events post.… Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

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