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
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
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
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
… Read the rest
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
BY MICHAEL MALEY
On 9 August 2017, a government move to restore to the Senate Notice Paper the Plebiscite (Same-Sex Marriage) Bill 2016 was voted down. Had the Bill been passed, it would have provided for the conduct by the … Read the rest
BY A J BROWN
Will Australia continue to evolve towards a general-purpose, stand-alone anti-corruption agency at the federal level? Does it need to?
Important light on both questions is about to be shed by two events: publication of the report … Read the rest
BY PETER TIMMINS
The voters aren’t happy.
While there is no single antidote for this winter of discontent, the way government governs is a contributing factor.
The government tells us that belief in democracy is a shared Australian value and … Read the rest
BY LISA BURTON CRAWFORD
In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest