BY TERRY CARNEY
Robo-debts lack any legal foundation
Nearly two years after social security’s popularly-called ‘robo-debts’ began to be raised without any adequate proofs, Australia’s much vaunted justice machinery has failed to expose the emperor’s lack of (legal) clothes.
The … Read the rest “Robo-Debt Illegality: A Failure of Rule of Law Protections?”
BY JOE MCINTYRE
Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest “What is Administrative Law About? Power, Rights, and Judicial Culture in Australia”
BY HARRY HOBBS AND GEORGE WILLIAMS
Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest “Australia’s First Treaty”
According to a recent front-page news story (The Australian, Tuesday 13 March 2018), the Serious Overseas Criminal Matters scheme (‘SOCM scheme’) has helped to pay for legal assistance for Peter Scully, Cassie Sainsbury, Schapelle Corby, David Hicks, … Read the rest “Does the ‘Serious Overseas Criminal Matters’ scheme have serious legal issues?”
In 1958 Kenneth Culp Davis said of the common law principles of judicial review of administrative action:
… Read the rest “Resolving some ‘anomalies’ and ‘snares’ in judicial review: Probuild Constructions”An imaginary system cunningly planned for the evil purpose of thwarting justice and maximising fruitless litigation would copy the major
This post is a keynote paper that was delivered by Justin Gleeson SC at the 2018 Constitutional Law Conference in Sydney. Noting that other papers at the conference covered individual cases from 2017, Mr Gleeson … Read the rest “The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference”
Welcome to the April 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, Maximus Jones, for compiling this roundup.
Remember, if you have an … Read the rest “Public Law Events Roundup April 2018”
Section 44 of the Constitution – which provides that various categories of persons are incapable of being chosen to sit in the federal Parliament – has been the subject of extraordinary controversy since 2017. In this post, … Read the rest ““Exclusive Cognisance” and Cognitive Dissonance: Alley v Gillespie”
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