Month: September 2018

Dancing with Dicey: A Century of Flexible State Constitutions


One hundred years ago this month, rumblings that the constitutional ground in Australia was about to shift underfoot were felt when the High Court handed down its decision in McCawley v R (1918) 26 CLR 9 (‘… Read the rest

The Parliament, the Court of Disputed Returns, and the Solicitor-General


In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest

Rotten Behaviour in the Coward’s Castle?


In Coleman v Power, Kirby J said:

One might wish for more rationality, less superficiality, diminished invective and increased logic and persuasion in political discourse. But those of that view must find another

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Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By ANNE TWOMEY

While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest

Minister for Immigration and Border Protection v SZVFW: The High Court on Unreasonableness and The Role of Judicial Review


Five years after the decision in Minister for Immigration and Citizenship v Li (2003) (Li) the High Court in Minister for Immigration and Border Protection v SZVFW & Ors (2018) (SZVFW) has revisited the controversial … Read the rest

Public Law Events Roundup September 2018

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, Sam Lee, for compiling this roundup.

Remember, if you have an … Read the rest


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