Month: March 2021

Apprehended bias and the nuclear effect – lessons from the New Acland proceedings

BY WILLIAM ISDALE AND NICHOLAS SIMOES DA SILVA

On 3 February 2021, the High Court delivered its judgment in Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2020] HCA 2 (‘New Acland HCA’). The decision arose out … Read the rest

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose.

BY JANINA BOUGHEY

This year marks the 50th anniversary of the … Read the rest

The divided decision in Love v Commonwealth – an analysis of Justice Gageler’s and Justice Edelman’s approaches to constitutional interpretation

AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.

BY MIKAELA SMITH

Introduction

In the recent case of Love v Commonwealth; Thoms v Read the rest

Would a non-judicial inquiry into the allegation made against the Attorney-General undermine the rule of law?

BY LISA BURTON CRAWFORD

Murray Gleeson once said that ‘the rule of law is such a powerful rhetorical weapon, both in legal and political argument, that care should be taken in its deployment’. This is because the rule of law … Read the rest

Consultation and a First Nations Voice: Building on the Aboriginal and Torres Strait Islander Commission

This is the final post in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Megan DavisRead the rest

Constitutional conversation, institutional listening and the First Nations Voice

This is the fourth of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

On Voice, and finding a place to start

This is the third of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

The relationship between Parliament and the Voice and the importance of enshrinement

This is the second of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

Constitutional recognition: two decades on

This is the first of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and will also feature posts Read the rest

Public Law Events Roundup March 2021

Welcome to the March edition of the AUSPUBLAW Australian Public Law Events Roundup. The events in this roundup were compiled in late February.

Before we get to the events roundup, we would like to draw your attention to the following … Read the rest

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