Author: AUSPUBLAW (page 1 of 33)

Overcoming Graham: The s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions

BY ISOLDE DANIELL

The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 (Cth) (the Bill) was introduced to the Commonwealth House of Representatives on 10 December 2020. It has since been considered by the Senate Standing … Read the rest

Preventive measures and the far-right threat; the limit of Commonwealth power

BY JESSIE SMITH

The Parliamentary Joint Committee on Intelligence and Security (the Committee) is currently examining extremist movements and radicalism in Australia. This follows a public statement by the Australian Security and Intelligence Organisation (ASIO) that … Read the rest

Not “just another piece of material”: the value of Tribunal review

This is the fifth 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 CHANTAL Read the rest

The Global South and liberal constitutionalism: incommensurable opposites?

This post is the fourth in 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 series is to invite Read the rest

Public Law Events Roundup July 2021

Welcome to the July edition of the AUSPUBLAW Australian Public Law Events Roundup. Before we get to the roundup, we would like to draw your attention to the following opportunity for law students:

Sir Anthony Mason Constitutional Law Essay Competition

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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

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