Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

Mistake to consolidate Premier and Attorney-General portfolios

BY BRENDAN GOGARTY

Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest

Public Law Events Roundup October 2017

Welcome to the October edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for his assistance in compiling this roundup.

In addition … Read the rest

Section 44, Interpretation and Changing the Law

BY DAVID TAN

In the Engineer’s case, Higgins J stated:

‘The question [of constitutional interpretation] is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to

Read the rest

‘Anti-corruption’, water and the Basin Plan

BY BRUCE LINDSAY

Water management and decision-making is vulnerable to lobbying by powerful commercial interests, as was illustrated recently by the ABC Four Corners investigation into NSW water management. Even where such conduct cannot be categorised as corrupt in … Read the rest

Public Servants, Social Media and the Constitution

BY GARY HANSELL AND ADRIENNE STONE

Although the implied freedom of political communication is now a well-established principle of Australian constitutional law, it does not appear to be widely understood. Some evidence of this is seen in the recently promulgated  … Read the rest

Public Law Events Roundup September 2017

Welcome to the September edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for his assistance in compiling this roundup.

Remember, if … Read the rest

Knight’s Watch: Ad Hominem Parole Legislation Hits the High Court

BY SARAH MURRAY

Section 74AA of the Corrections Act 1986 (Vic) is an extraordinary provision. Ad hominem in nature, it is directed at Julian Knight. Knight, perpetrator of the Hoddle Street massacre, was sentenced in 1988 by the Victorian … Read the rest

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

« Older posts

© 2017 AUSPUBLAW

Theme by Anders NorenUp ↑