Index
Parliament, Legislative process AUSPUBLAW Blog Parliament, Legislative process AUSPUBLAW Blog

Removing the watchdog’s bark: Crime and Corruption Commission v Carne

Neil Laurie

It is not uncommon for the activities of ad hoc and permanent commissions of inquiry to be the subject of judicial review. But the series of decisions that culminated in the very recent High Court decision of Crime and Corruption Commission v Carne [2023] HCA 28 requires special attention as they deal with the intersection of judicial review of a permanent commission of inquiry’s report provided to its parliamentary oversight committee, thereby potentially raising issues of parliamentary privilege.

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Tidying our house of law: bringing the Marie Kondo philosophy to the Commonwealth statute book

William Isdale and Nicholas Simoes da Silva

Last year marked the 120th anniversary of the Commonwealth statute book – an anniversary that offers an opportunity to reflect on the house of law we have built. There is much to be proud of: a house constructed from the timbers of Parliamentary sovereignty, with strong constitutional foundations.

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Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn't give him?

Jonathan Bonnitcha

The High Court’s decisions in Mineralogy v WA and Palmer v WA end the dispute between Mineralogy/Clive Palmer and the Western Australian government as a matter of Australian law. It is not, however, the end of the dispute. A Singaporean-incorporated entity in Palmer’s corporate group is now poised to commence international arbitration. …

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Manner and form mysteries highlighted but unresolved in Mineralogy v WA

Anne Twomey

One of the difficulties in understanding and applying manner and form constraints on state legislative power is that there is little jurisprudence on the subject and what exists is often unclear, poorly reasoned and in some cases just wrong. That is why the manner and form arguments in Mineralogy …

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