Author: AUSPUBLAW (page 2 of 33)

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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The Kerr Report’s vision for the Administrative Review Council and the (sad) modern reality

This is the third 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 NARELLE Read the rest

Legislative morass and the rule of law: a warning, and some possible solutions

BY WILLIAM ISDALE AND CHRISTOPHER ASH

Introduction

Today, legislation is the predominant source of law. Its voluminous production is a central feature of our governance, and shows no signs of slowing. “[E]very day”, Waldron writes, “another demand emerges for … Read the rest

A critical review of City, State and potential implications for Australian cities

This post is the first 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 May 2021

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

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included in this roundup, please contact us at auspublaw@unsw.edu.au. The … Read the rest

Seeing the New Administrative Law in a ‘green light’

This is the second 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 LYNSEY Read the rest

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