Author: AUSPUBLAW (page 2 of 28)

Border Closures and s 92: Clive Palmer’s Quest to Enter WA

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Public Law Events Roundup August 2020

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

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included … Read the rest

Protest in a Pandemic – The Special Status of Public Spaces

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Delegated Legislation and Democracy: The Problem of Exemptions

BY LORNE NEUDORF

Introduction

Delegated legislation has become the principal form of lawmaking in Australia’s legal system. By volume, it makes up the majority of new federal law that is made each year. It is everywhere, touching upon nearly all … Read the rest

Accountability, discretion and the rule of law: Issues in pandemic policing

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Freedom of Expression and the Ban on Arabic in NSW Prisons – Analysing Hamzy v Commissioner of Corrective Services [2020] NSWSC 414

BY ALEXANDRA GREY

The NSW Supreme Court’s judgment in Hamzy v Commissioner of Corrective Services, handed down in April, upholds the legality of NSW’s English-only rules on communication by “extreme high risk restricted” (EHRR) inmates. It provides a rare … Read the rest

The Brett Cattle Case: Exploring the limits of delegated law-making powers

BY JANINA BOUGHEY

Justice Rares’s judgment in Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 (“Brett Cattle”) has attracted a lot of attention for being a “landmark” ruling on the tort of misfeasance in … Read the rest

Can the new Queensland Human Rights Act combat the rising number of school exclusions?

BY DANIELLE ILIFFE AND LINDSEY STEVENSON-GRAF

An increase in school suspensions and expulsions in Queensland has generated concern from those working with youth in the community legal sector. Such practices disproportionately impact vulnerable groups, such as Indigenous youth, and increase Read the rest

Public Law Events Roundup July 2020

Welcome to the July edition of the AUSPUBLAW Australian Public Law Events Roundup. The events in this roundup were compiled in late June. Due to the evolving nature of responses to COVID-19, some of the below events may have been … Read the rest

Will the Heydon scandal finally produce judicial appointments reform?

 BY ANDREW LYNCH

This week’s shocking revelations about the complaints of sexual harassment of young female associates working for Justice Dyson Heydon in his years on the High Court have prompted many reactions. Foremost has been admiration for the bravery … Read the rest

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