Category: Comparative public law (page 1 of 5)

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

BY JONATHAN BONNITCHA

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here.

The High Court’s decisions in Mineralogy v WA and Palmer Read the rest

The Kerr Report, 50 Years On: An Overseas Overview

This is the tenth 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 PAUL Read the rest

Book forum on Appleby, Olijnyk, Stellios and Williams Judicial Federalism in Australia

AUSPUBLAW is pleased to publish this book forum as a companion to the launch of Gabrielle Appleby, Anna Olinjyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice (Federation Press, 2021), which was hosted online … Read the rest

Judicial Federalism in Australia book forum: Brendan Lim

Dr Brendan Lim provides the second set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial federalism in Australia book forum: Erin Delaney – Kable, federalism, and political constitutionalism

Professor Erin Delaney provides the final set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial Federalism in Australia book forum: Authors’ Response

Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, respond to reflections by the Hon William Gummow AC, Dr Brendan Lim, Professor Sarah Murray and Professor Erin Delaney, on their book Judicial Federalism in Australia: History, Theory, Read the rest

Book forum: Jackson Wherrett

Jackson Wherrett provides the third post in our book forum on Amanda Sapienza’s Judicial Review of Non-Statutory Executive Action. To see all posts, please click here. Click through for posts by Alan Robertson, Cheryl Saunders, and Read the rest

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

BY ANTON MOISEIENKO

Introduction

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. … Read the rest

Statutory interpretation under section 48 of the Human Rights Act 2019 (Qld): the first eighteen months

BY BENEDICT COXON

On 1 January 2020, the Human Rights Act 2019 (Qld) (QHRA) entered fully into force, including the interpretive provision contained in s 48, which was modelled on s 32 of the Charter of Human Rights Read the rest

The ‘Ecological Limitation’: Exploring the Implications of Climate Change for the Australian Constitution

BY COSTA AVGOUSTINOS

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes … Read the rest

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