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 “Wilkie v Commonwealth: A Retreat to Combet over the Bones of Pape, Williams, and Responsible Government”
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 “High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons”
Two days before the release of the result of the Same Sex Marriage Survey, Liberal Senator James Paterson made public a Bill that would allow anyone who has a strong belief in ‘traditional marriage’ to refuse … Read the rest “Senator Paterson’s Same Sex Marriage Bill: Incompatible with International Human Rights”
On 27 July 2017, after an 18-month long battle fought on various fronts, including through the courts, the NSW Premier, the Hon Gladys Berejiklian, announced that the government would not proceed with all remaining proposed amalgamations of … Read the rest “Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy”
Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest “Justice Edelman’s originalism, or hints of it”
On 18 October, the High Court handed down its judgment in Brown v Tasmania [2017] HCA 43. The plaintiffs – Dr Bob Brown and Ms Jessica Hoyt – successfully argued that certain provisions of the Workplaces … Read the rest “The trajectory of structured proportionality in implied freedom of political communication cases: Brown v Tasmania”
BY JOHN ELDRIDGE AND TIM MATTHEWS
The common law has historically been hostile to the importance of public protest. Indeed, A V Dicey, in his seminal An Introduction to the Study of the Law of the Constitution, was categorical … Read the rest “The Right to Protest after Brown v Tasmania”
Welcome to the November edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you once again to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for compiling this roundup.
In addition to … Read the rest “Public Law Events Roundup November 2017”
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