The Principle of Legality as a Reflection of the Constitutional Relationship between Parliament and the Courts

BY DAN WESTBURY

Australian legislatures and courts interact through the process of statutory construction. As part of this process, the principle of legality represents a subtle constraint by courts on Parliament. It is a rule of statutory interpretation that courts … Read the rest

‘For Your Private Consideration’: Secret Documents and the Public Meaning of the Constitution

BY HENRY COOPER

It is requisite that [a] resolution be notified to the people who are to obey it. … [I]t is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who

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What is history, again?

BY HELEN IRVING

In his AUSPUBLAW blog post on 6 November 2017 discussing Justice Edelman’s dissent in Graham v Minister for Immigration and Border Protection [2017] HCA 33, Julian R Murphy finds evidence of a particular, conservative commitment on … Read the rest

Public Law Events Roundup February 2018

Welcome to the February 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.

Freedom

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The Past, Present and Future of Institutional Law Reform in Australia

BY THE HON MICHAEL KIRBY AC CMG

Academic lawyers in Australia have long played a vital role in the national project of law reform. They thought about it; they wrote about it; they worried about its haphazard ways; and they … Read the rest

Indigenous people in gaol: what needs to change

BY MARIA NAWAZ AND ANNA CODY

It’s been thirty years since the Royal Commission into Aboriginal Deaths in Custody brought national attention to the disproportionate impact of the criminal justice process on Aboriginal and Torres Strait Islander people. The shocking … Read the rest

Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction

BY ANDREW ROBERTS

The High Court has recently handed down three decisions in its unusual jurisdiction hearing appeals from the Supreme Court of Nauru. BRF038 v Republic of Nauru (delivered 18 October 2017) and HFM045 v Republic of Nauru (delivered … Read the rest

Public Law Events Roundup December 2017

Welcome to the December edition of the AUSPUBLAW Australian Public Law Events Roundup. This will be the last roundup for 2017; the roundup will recommence in February next year.

In addition to our public law events roundup, we would like … Read the rest

Wilkie v Commonwealth: A Retreat to Combet over the Bones of Pape, Williams, and Responsible Government

BY ANNE TWOMEY

Such was the interest in the High Court’s judgment in Wilkie v Commonwealth and Australian Marriage Equality Ltd v Minister for Finance [2017] HCA 40 (hereafter ‘Wilkie’) that it caused the High Court’s web-site to … Read the rest

High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons

BY LUKE BECK

 

The High Court almost never gives proper reasons for its decisions on applications for special leave to appeal. In a new article in the University of New South Wales Law Journal, I argue that this … Read the rest

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