Author: AUSPUBLAW (page 1 of 17)

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

BY GABRIELLE APPLEBY

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?

BY SARAH HOOK AND ELEN SEYMOUR

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

BY GRANT HOOPER

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

The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?

BY JANINA BOUGHEY

In the midst of the Liberal Party’s recent leadership turmoil, questions were raised about Peter Dutton’s eligibility to sit in Parliament. As Minister for Home Affairs (which, until the latest re-shuffle included immigration) Dutton was responsible, … Read the rest

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest

The Northern Territory Court of Appeal Goes Off the Beaten Track

BY CHRIS RONALDS SC AND CRAIG LONGMAN

In the recent decision of Munkara v Bencsevich & Ors, the Northern Territory Court of Appeal appears to have adopted an interpretation of s 10 of the Racial Discrimination Act 1975 (Cth)Read the rest

Public Law Events Roundup August 2018

Welcome to the August 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, Samuel Lee, for compiling this roundup.

Remember, if you have an … Read the rest

ICON-S Conference Roundup – Identity, Security, Democracy: Challenges for Public Law

BY BRIGID MCMANUS

Between 25 and 27 June, Hong Kong University hosted the 2018 conference of the International Society of Public Law (ICON-S). The conference was held to coincide with the 50th anniversary of Hong Kong University’s law faculty, … Read the rest

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