Category: Comparative public law (page 1 of 2)

Climate change and human rights to collide before the United Nations Human Rights Committee

BY EBONY BACK AND REBECCA LUCAS

Introduction

There has been a spate of legal actions (both domestic and international) around the world in the past few years attempting to hold governments accountable for their inaction on climate change and the … Read the rest

Raised Voices: Parliamentary Debate in Indigenous Languages

BY TIMOTHY GOODWIN AND JULIAN R MURPHY

Last week, history was made in the Northern Territory Legislative Assembly. The Independent Member for Nhulunbuy, Yingiya Mark Guyula, debated in Djambarrpuyngu, an Indigenous language of North East Arnhem Land. A significant … Read the rest

The Noongar Settlement: Two Lessons for Treaty Making in Australia

BY HARRY HOBBS

On 17 October 2018, Australia’s largest native title settlement moved a step towards implementation, when the Native Title Registrar accepted the Noongar Settlement for registration in the Native Title Register. The culmination of many years of … Read the rest

ICON-S Conference Roundup – Identity, Security, Democracy: Challenges for Public Law

BY BRIGID MCMANUS

Between 25 and 27 June, Hong Kong University hosted the 2018 conference of the International Society of Public Law (ICON-S). The conference was held to coincide with the 50th anniversary of Hong Kong University’s law faculty, … Read the rest

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest

Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?

BY LAEL K WEIS

A striking feature of current debates about constitutional reform in Australia is the evident interest in exploring legislative alternatives to formal amendment. Although this may be explained by the historically low success rate of referendums, the Read the rest

Religious Freedom: One Right Among Many

BY CAROLYN EVANS

Back in 2008, the then Government commissioned Jesuit priest and human rights lawyer Father Frank Brennan to chair a National Human Rights Consultation.

At the time, there was no consensus among the groups consulted about the … Read the rest

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

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