Month: June 2021

Palmer v Western Australia (2021) 95 ALJR 229; [2021] HCA 5: trade, commerce and intercourse shall be absolutely free (except when it need not)

BY DAVID HUME

Introduction

On 11 March 2020, the World Health Organization declared COVID-19 a pandemic. On 15 March 2020, the Minister for Emergency Services for Western Australia declared a state of emergency in respect of the pandemic under s Read the rest

The Administrative Decisions (Judicial Review) Act 1977 and what it says about judicial review and administrative law

This is the fourth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY THOMAS Read the rest

“A court should be wary” – Zhang v Commissioner of Police [2021] HCA 16

BY BELINDA BAKER

Introduction

As outlined in the Case Information Catchwords on the High Court’s webpage, the Special Case in Zhang v Commissioner of Police appeared to raise a bundle of interesting questions about the operation of the implied … Read the rest

How culture shapes Australia’s referendum record

This post and the accompanying post by Gabrielle Appleby continue a 2021 special series, which is a companion to the Gilbert + Tobin Centre of Public Law’s Global Public Law Virtual Book Series. The aim of the virtual book Read the rest

The First Nations Voice: A modest and congruent, yet radically transformative constitutional proposal

This post and the accompanying post by Paul Kildea continue a 2021 special series, which is a companion to the Gilbert + Tobin Centre of Public Law’s Global Public Law Virtual Book Series. The aim of the virtual book Read the rest

The Migration Amendment (Clarifying International Obligations for Removal) Act 2021: A case study in the importance of proper legislative process

BY SANGEETHA PILLAI

On 13 May 2021, the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)(‘Clarifying International Obligations Act’) was passed by both houses of federal Parliament, with bipartisan support. Its enactment was met with … Read the rest

MZAPC: Calibrating constitutional limits on legislative power

BY EMILY HAMMOND

The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

Public Law Events Roundup June 2021

Welcome to the June edition of the AUSPUBLAW Australian Public Law Events Roundup.

Before we get to the events roundup, we would like to draw your attention to the following opportunity:

The Saunders Prize for Excellence in Scholarship in Constitutional

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