Category: Comparative public law

The Rule of Law as an Assumption of the Australian Constitution

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

Locating the Place of the Royal Prerogative After Miller

BY BYRON KAREMBA

It is often claimed that the constitutional history of the United Kingdom is the history of the tension between the Crown and Parliament. This historical narrative emphasises the ascendency of the latter institution over the former. It … Read the rest

Human Rights To BREXIT …. And Beyond

BY CONOR GEARTY 

It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

Country Guidance Decisions in the UK and Australia

CD004_emailBY DOUGLAS MCDONALD

In the United Kingdom, the Immigration and Asylum Chamber of the United Kingdom Upper Tribunal (UKUT) produces ‘country guidance’ decisions on contemporary conditions in other nations for the purposes of determining refugee status. These decisions govern government … Read the rest

PNG’s Supreme Court and Manus Island

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BY TONY BLACKSHIELD

On Tuesday the Supreme Court of Papua New Guinea held that the detention of asylum seekers on Manus Island was unconstitutional. The Court ordered that the governments of PNG and Australia ‘shall forthwith take all steps necessary … Read the rest

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