Author: AUSPUBLAW (page 2 of 13)

Public Law Events Roundup November 2017

Welcome to the November edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you once again to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for compiling this roundup.

In addition to … Read the rest

Seven Little Australians

BY TONY BLACKSHIELD

Senator Nick Xenophon is OK. Although it employs the word “Citizen”, his status as a “British Overseas Citizen” confers such limited rights and privileges that it does not amount to “citizenship”.

Senator Matt Canavan is OK because … Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest

Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

Mistake to consolidate Premier and Attorney-General portfolios

BY BRENDAN GOGARTY

Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest

Public Law Events Roundup October 2017

Welcome to the October 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, Aaron Taverniti, for his assistance in compiling this roundup.

In addition … Read the rest

Section 44, Interpretation and Changing the Law

BY DAVID TAN

In the Engineer’s case, Higgins J stated:

‘The question [of constitutional interpretation] is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to

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‘Anti-corruption’, water and the Basin Plan

BY BRUCE LINDSAY

Water management and decision-making is vulnerable to lobbying by powerful commercial interests, as was illustrated recently by the ABC Four Corners investigation into NSW water management. Even where such conduct cannot be categorised as corrupt in … Read the rest

Public Servants, Social Media and the Constitution

BY GARY HANSELL AND ADRIENNE STONE

Although the implied freedom of political communication is now a well-established principle of Australian constitutional law, it does not appear to be widely understood. Some evidence of this is seen in the recently promulgated  … Read the rest

Public Law Events Roundup September 2017

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, Aaron Taverniti, for his assistance in compiling this roundup.

Remember, if … Read the rest

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