Category: Administrative Law (page 2 of 4)

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

BY JOE MCINTYRE

Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest “What is Administrative Law About? Power, Rights, and Judicial Culture in Australia”

Does the ‘Serious Overseas Criminal Matters’ scheme have serious legal issues?

BY AMANDA SAPIENZA

According to a recent front-page news story (The Australian, Tuesday 13 March 2018), the Serious Overseas Criminal Matters scheme (‘SOCM scheme’) has helped to pay for legal assistance for Peter Scully, Cassie Sainsbury, Schapelle Corby, David Hicks, … Read the rest “Does the ‘Serious Overseas Criminal Matters’ scheme have serious legal issues?”

Resolving some ‘anomalies’ and ‘snares’ in judicial review: Probuild Constructions

BY JANINA BOUGHEY

In 1958 Kenneth Culp Davis said of the common law principles of judicial review of administrative action:

An imaginary system cunningly planned for the evil purpose of thwarting justice and maximising fruitless litigation would copy the major

Read the rest “Resolving some ‘anomalies’ and ‘snares’ in judicial review: Probuild Constructions”

The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference

BY JUSTIN GLEESON SC

 

This post is a keynote paper that was delivered by Justin Gleeson SC at the 2018 Constitutional Law Conference in Sydney. Noting that other papers at the conference covered individual cases from 2017, Mr Gleeson Read the rest “The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference”

The Past, Present and Future of Institutional Law Reform in Australia

BY THE HON MICHAEL KIRBY AC CMG

Academic lawyers in Australia have long played a vital role in the national project of law reform. They thought about it; they wrote about it; they worried about its haphazard ways; and they … Read the rest “The Past, Present and Future of Institutional Law Reform in Australia”

Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy

BY LYNSEY BLAYDEN

On 27 July 2017, after an 18-month long battle fought on various fronts, including through the courts, the NSW Premier, the Hon Gladys Berejiklian, announced that the government would not proceed with all remaining proposed amalgamations of … Read the rest “Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy”

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 “SZTAL: International Law and Australian Parochialism”

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 “Aliens, Executive Power, and the Rule of Law”

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 “Mistake to consolidate Premier and Attorney-General portfolios”

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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