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 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.

Reflections on the Miller Case

TC Beirne School of Law

Date: 1 September 2017

Time: 3:00pm-4:00pm

Location: TC Beirne School of Law, University of Queensland

Nicholas Barber, Associate Professor of Constitutional Law, University of Oxford, will consider the landmark case of R (Miller) v Secretary of State for Exiting the European Union, and argue that the Miller decision is less radical than it might at first seem.

For more information, see the website.

AIAL Seminar: The Spectrum of Deference

Australian Institute of Administrative Law (SA Branch)

Date: 6 September 2017

Time: 1:00pm-2:00pm

Location: Australian Government Solicitor, Adelaide

From merits review to the American style of ‘Chevron deference’, Holly Stanley, Edmund Barton Chambers, will discuss the ways in which courts defer to administrative decision makers. Traversing the wilds of jurisdictional fact, reasonableness and proportionality, Holly looks at the way in which courts manage the difficult divide between merit and judicial review, and questions whether we are headed to a more uniform analytical framework of deference.

For more information, see the website.

2017 Dennis Leslie Mahoney Prize Lecture: Re-Imagining the Rule of Law

Julius Stone Institute, Sydney Law School

Date: 7 September 2017

Tims: 6:00pm-7:30pm (registration from 5:30pm)

Location: Sydney Law School

The rule of law is a concept at once too important to ignore, and too confused and confusing to guide. It needs and deserves re-imagining. Moreover, if we are to understand its character conditions and consequences, the legal imagination, if such a solecism be allowed, is as likely to hinder as to help.

Recipient of the 2016 Dennis Leslie Mahoney Prize in Legal Theory, Martin Krygier, Gordon Samuels Professor of Law and Social Theory, UNSW, will argue that the rule of law needs to be substantially re-imagined, rather than either recycled, on the one hand, or discarded, on the other. While we should start from traditional understandings and insights, we cannot end there. We must also be prepared to amend them, indeed re-imagine them quite radically, where they mislead or do not lead far enough. So much so, that to further the ends of the rule of law, we might need to leave conventional imaginings of it far behind.

For more information, see the website.

Conference to mark the 40th Anniversary of the Federal Court of Australia

Centre for Commercial Law and Centre for International and Public Law, Australian National University

Dates: 8-9 September 2017

Location: Federal Court of Australia, Law Courts Building, Sydney

This conference will mark the 40th anniversary of the establishment of the Federal Court.  Current and former Federal Court Justices and leading academics and practitioners will consider the contribution of the Court to the development of Australian law.

Confirmed speakers include The Hon Chief Justice James Allsop AO, The Hon Justice Michelle Gordon, The Hon Justice Mark Weinberg, The Hon Justice Andrew Greenwood, The Hon Justice Alan Robertson, The Hon Justice John Griffiths, The Hon Justice Debra Mortimer, Prof Elise Bant, Prof Mick Dodson AM, Prof William Gummow AC, Prof Mary Keyes, Dr Jeremy Kirk SC, Mr Russell Miller AM, Assoc Prof Jeannie Paterson, Prof Joellen Riley, Prof Peta Spender, Prof James Stellios, Prof Miranda Stewart and Prof Fiona Wheeler.

For more information, see the website.

A Twilight Seminar on Rizeq v The State of Western Australia

Constitutional Centre of Western Australia, Australian Association of Constitutional Law, Anglo-Australasian Lawyers Society and Contemporary Government & Regulation Research Hub, UWA Law

Date: 13 September 2017

Time: 6:00pm-7:15pm

Location: The Constitutional Law Centre of Western Australia

Chaired by former Chief Justice of the High Court, The Hon. Robert French AC, and featuring Peter Quinlan SC, Solicitor-General of Western Australia, this seminar will explore the High Court’s recent decision in Rizeq v The State of Western Australia [2017] HCA 23.

For more information, see the website.

Julius Stone Address 2017

Julius Stone Institute, Sydney Law School

Date: 18 September 2017

Time: 6:00pm-7:30pm (registration from 5:30pm)

Location: Sydney Law School

The 2017 Julius Stone Address will be delivered by Seana Valentine Shiffrin, Chair and Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA. The lecture will offer an account of democracy’s intrinsic communicative value and law’s special role in realising that value.

For more information, see the website.

Organised Crime and Corruption Forum

TC Beirne School of Law

Date: 18-21 September 2017

Location: University of Queensland, Brisbane

This is a four-day event comprising public lectures, panel discussions and roundtable workshops exploring a range of issues concerning organised crime and corruption. It will bring together experts from government, international organisations, the judiciary, legal profession, industry and academia to share experience, exchange ideas and develop outcomes for policy development, law reform and further research.

For more information, see the website.

Against epistocracy: Reconsidering the demographic objection

Deliberative Governance and Law Program, Australian National University

Date: 26 September 2017

Time: 3:00pm-4:00pm

Location: ANU College of Law, Canberra

Udit Bhatia, University of Oxford, will consider the question of why we should prefer democracy to an epistocracy of competent persons by building upon the arguments of David Estlund regarding the ‘demographic objection’.

For more information, see the website.2017 John Toohey Oration: The Toohey Legacy – Rights and Freedom, Compassion and Honour

UWA Law School and John Toohey Chambers

Date: 27 September 2017

Time: 6:00pm-7:30pm

Location: University of Western Australia, Perth

The 2017 John Toohey Oration will be delivered by Greg McIntyre SC who will address the articulation by the Honourable John Leslie Toohey AC QC in the course of his legal and judicial career, of the fundamental rights and freedoms which form part of the universal norms of a democratic society and are protected by the rule of law.  The Oration will cite examples of his employment of notions of public interest, controls of the exercise of power, entitlements to natural justice, freedom of speech, public reliance on the duty of care of public authorities, the legitimacy of an expectation that authorities will act in accordance with adopted international standards, the fundamental right not to be arbitrarily deprived of property and the fiduciary obligation which the State has to those vulnerable to its exercise of power.

For more information, see the website.

Fair trial rights in the European Court of Human Rights: Recent cases

Centre for International and Public Law

Date: 28 September 2017

Time: 12:30pm-1:30pm

Location: ANU College of Law, Canberra

Article 6 of the European Convention on Human Rights protects the right to a fair trial in civil and criminal proceedings. The Article 6 rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. This presentation by Dr Ryan Goss, ANU College of Law, will summarise and critically analyse some of the major jurisprudential issues and problems in the Article 6 case law, and look at recent decisions of the European Court of Human Rights in this area (especially Ibrahim v UK (Grand Chamber, September 2016)).

For more information, see the website.

Julius Stone Institute Seminar: The German Approach to Proportionality: A Model for Australia?

Julius Stone Institute, Sydney Law School

Date: 12 October 2017

Time: 6:00pm-8:00pm

Location: Sydney Law School

The proportionality test is an increasingly popular tool of fundamental rights analysis. Developed by the German Federal Constitutional Court in the 1950s, it has spread to different jurisdictions around the world. In Australia, the High Court recently introduced the proportionality test in McCloy v New South Wales. However, proportionality is often criticised in legal theory debates as an inadequate or even “irrational” legal standard because it requires the comparison of incommensurable values.

Professor Niels Petersen, University of Münster, will present this seminar with a two-fold aim. First, he will address the theoretical critique of proportionality and show that, while the gist of the critique is justified, this does not lead to the inadequacy of proportionality as a legal standard. Second, he will observe how the German Federal Constitutional Court uses the proportionality test in practice and analyse whether this practice could inform the debate on proportionality in Australian constitutional law.

For more information, see the website.

Kaldor Centre for International Refugee Law Annual Conference 2017: ‘The Global Compacts on Refugees and Migrants’

Kaldor Centre for International Refugee Law, UNSW

Date: 24 November 2017

Location: UNSW, Kensington

In 2018, world leaders will adopt two landmark documents – a Global Compact on Refugees, and a Global Compact on Safe, Regular and Orderly Migration. Amidst debate about what these agreements should contain and how ambitious they should be, the 2017 Kaldor Centre Conference takes stock of where we are so far, and anticipates what developments we will see in the lead-up to their adoption in 2018. The Conference will bring together leading international and local experts involved in the process to share their insights and projections. The keynote speaker will be Professor Elizabeth Ferris, a leading expert on forced migration at Georgetown University and the Brookings Institution.

For more information, see the website.

Public Lecture: Inaugural Lord Atkin Lecture by the Hon Chief Justice Susan Kiefel AC

Selden Society

Date: 28 November 2017

Time: 5:15pm

Location: Banco Court, Brisbane

An annual Lord Atkin Lecture has been introduced this year to mark the 150th anniversary of the birth of Lord Atkin – one of the common law’s most influential judges. The objective of the Lord Atkin lecture is to invite leading contemporary lawyers to discuss key turning points in the common law or challenges that the common law is yet to resolve. The inaugural lecture will be presented by the Chief Justice of the High Court of Australia, the Hon Susan Kiefel AC.

For more information, see the website.

Law and Society Association of Australia and New Zealand Conference 2017

Law and Society Association of Australia and New Zealand

Dates: 6-9 December 2017

Location: Dunedin, New Zealand

The conference will explore the important and inherent component of the law and society discipline: justice. Justice seeks a safe, fair and just society. The Conference sub themes are:

  • Cultural justice: culture includes age, socio-economic status, gender, urban/rural, ethnicity and religion. Thus cultural justice includes fairness in relation to cultural and demographic information, barriers and challenges;
  • Transitional justice: an approach to achieve justice in times of transition from conflict, colonisation and/or state repression, including the rights of victims, rights of Indigenous Peoples, promoting civic trust and strengthening the democratic rule of law; human rights abuses, violence, and truth commissions;
  • Criminal justice: including sentencing, sexual violence, miscarriages of justice, prisons and prisoners;
  • Gender justice: ending inequalities between women and men that are produced and reproduced in the family, the community, the market and state;
  • Justice institutions, practice and practitioners: including alternative dispute resolution, therapeutic justice, problem solving courts, procedural justice, restorative justice, collaborative law, legal education, legal services/assistance, litigants, the judiciary, legal ethics, future of legal institutions, practice and practitioners.
  • Environmental justice: specifically considering the development for legal standing and fair treatment of non-humans including trees, rivers, national parks and animals.

The call for papers has closed. For more information, see the website.

Save the date: 2017 Final Courts Round-up

Date: 7 December 2017

Location: Sydney

Further details about this annual event will be forthcoming.

Call for Papers: 2nd Australian Political Theory and Philosophy Conference 2018

Date: 16-17 February 2018

Location: Sydney

Papers on any theme or topic within political theory are welcome for submission – from normative to critical, historical to contemporary, and interpretive to applied. Post-graduate students and junior scholars are especially encouraged to apply, as are scholars working from interdisciplinary perspectives.

For more information, see the website.

2018 Public Law in the Classroom

Gilbert + Tobin Centre of Public Law, UNSW, and Public Law and Policy Research Unit, University of Adelaide

Date: 22 February 2018

Time: 10:30am-4:30pm

Location: Law Building, University of New South Wales

This will be the fourth annual Public Law in the Classroom workshop for teachers of Australian public law, which has become a unique forum in which teachers of Australian public law can share ideas and inspire one another. Registration is free and includes morning tea, lunch and afternoon tea.

The day will be presented in three sessions, with plenty of time for discussion and sharing of practice in each. The first session will examine the importance and challenges of Indigenous issues, perspectives and law in public law classrooms. The second session will showcase cutting edge teaching approaches in the area of assessment in public law courses, especially when teaching large and/or online cohorts. The final session will be a discussion of the intersection between teaching and the practice of public law. The workshop will also again feature a poster session on new techniques for, and insights into, teaching public law. Those who submit an abstract for a poster may also, if they wish, be considered for a presentation during the second session, provided their topic fits within the theme of the second session.

Abstracts are invited from tertiary teachers of public law for the Poster Session and Workshop Session 2. The abstract must contain your title and a brief explanation of your proposed poster or presentation. Please submit abstracts by Friday, 29 September 2017 to gtcentre@unsw.edu.au.

For more information, see the website.

Save the date: ‘New Citizenship’ Conference: Law, Legal Status and Belonging in the 21st Century

Dates: 15-16 March 2018

Location: Sydney Law School

Laws and policies governing citizenship and nationality are undergoing dramatic challenges and changes in Australia and around the world. This conference will explore these developments, with interdisciplinary perspectives on: new citizenship deprivation regimes; changes to naturalization tests and eligibility; evolution of dual citizenship and entitlements of dual citizens; changes to immigration laws affecting access to citizenship; the impact of international law on national citizenship laws, and many more.

For more information, see the website.

IACL World Congress 2018‘Violent Conflicts, Peace-Building and Constitutional Law’

Dates: 18-22 June 2018

Location: Seoul

This will be the tenth World Congress of the International Association of Constitutional Law (‘IACL’). The theme of the World Congress is ‘Violent Conflicts, Peace-Building and Constitutional Law’.

The Congress is the major 4-yearly event organised by the IACL and includes several plenary keynote sessions as well as many workshops. The Congresses bring together constitutional lawyers, scholars and judges from across the world and are a wonderful opportunity to expand one’s own knowledge of constitutional law, make connections across borders and present one’s work in a constructive and interested environment.

Those interested are encouraged to consider attending the Congress and submitting a paper to one of the workshops (the deadline is end of March 2018), or to propose a workshop on a topic of your choosing (there is space for 6 open workshops to be developed by attendees, the deadline for proposals is 15 October 2017).

If you are considering attending, have any questions or want to discuss your ideas for proposed papers or workshops, please feel free to contact Dr. Elisa Arcioni (elisa.arcioni@sydney.edu.au) or Professor Adrienne Stone (Vice President of the IACL): a.stone@unimelb.edu.au. The AACL can provide a letter noting the significance of the Congress if that would assist in any applications for funding and if there is sufficient interest, we will arrange a social gathering for the Australian constitutional lawyers who attend the Congress.

For more information, see the website.

Save the date: 2018 ICON-S (International Society of Public Law) Conference

Dates: 25-27 June 2018

Location: Hong Kong

Further details about this annual event will be made available on the website.

Third Biennial Public Law Conference

Melbourne Law School

Dates: 11-13 July 2018

Location: Melbourne Law School

The Public Law Conference series is the pre-eminent regular forum for the discussion of public law matters in the common law world. Melbourne Law School will host the Third Biennial Public Law Conference, co-organised by the University of Melbourne and the University of Cambridge.

The 2018 conference, co-convened by Mark Elliott (Cambridge) and Jason Varuhas (Melbourne), will feature approximately 70 speakers from across the common law world, and bring together over 300 delegates to discuss the most important issues in public law today. The convenors have confirmed the participation of a number of leading judges and scholars from common law jurisdictions. The full list of confirmed speakers can be found here.

The theme of the conference is “The Frontiers of Public Law”. The theme is intended to invite engagement with a range of questions concerning both boundaries within public law and the boundaries of public law. Among the questions that fall within the theme are ones concerning the relationship between and the respective boundaries of public and private law; the distinction between domestic and international law, and public law’s response to it; the notions of global administrative and constitutional law and their relationship with domestic systems of public law; the boundary between law and politics viewed from a public law perspective; and the scope of application of public law norms. A fuller description of the conference theme can be found here.

The call for papers has closed. For more information, see the website.

World Congress of Political Science

‘Borders and Margins’

Dates: 21-26 July 2018

Location: Brisbane

The post-Cold War acceleration of globalization and the multi-layered consequences of the 9/11 terrorist attacks have had profound effects on borders. These borders create margins, through which administrative and military bureaucracies, NGOs, activists, and more-or-less organized criminals and terrorists operate, empirically and conceptually. The evolution of information technologies has transformed the traditional “border as a barrier” by enclosing people into groups with common identities and interests, dispersed throughout the globe but virtually connected.

The call for panel and paper proposals will close on 10 October 2017. For more information, see the website.