Book forum on Shipra Chordia's Proportionality in Australian Constitutional Law: Craig Lenehan SC

Craig Lenehan

Shipra Chordia’s excellent book, Proportionality in Australian Constitutional Law, is a fine contribution to this difficult and developing area. As Sir Anthony Mason observes in his foreword, it is “an important addition to the Australian Constitutional Law Bookshelf” (at vi). Notably, the High Court has already begun to engage with Dr Chordia’s work …

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Book forum on Shipra Chordia's Proportionality in Australian Constitutional Law: Murray Wesson

Murray Wesson

Proportionality is a vexed topic in Australian constitutional law. On the one hand, the High Court has for many years relied upon forms of proportionality to characterise laws enacted with respect to purposive and incidental law-making powers, and to determine the validity of laws burdening constitutional limits. On the other hand, …

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Proportionality, rights and Australia’s COVID-19 response: Insights from the India travel ban

Liz Hicks & Sangeetha Pillai

The closure of international borders has been a key pillar of Australia’s response to the COVID-19 crisis. Australia’s strategy to “aggressively suppress” (in practice, eliminate) COVID-19 within its borders has relied heavily on restrictive measures, including flight caps and travel bans, to limit the importation of the …

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The “Car Park Rorts” Affair and Grants Regulation in Australia: How can We Fix the System?

Yee-Fui Ng

Yet another rorts scandal is swirling around the federal government, dubbed the ‘car park rorts’ affair. The Auditor-General has reported that a $389 million car park construction fund has been administered ineffectively and that the Minister had distributed the grants with ‘inadequate assessment’ for eligibility (at [25]). The Auditor-General’s …

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

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 Committee for the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights, and …

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

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 the far-right threat has increased. The Home Affairs Minister has referred several topics for …

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