Category: Comparative public law (page 1 of 2)

Protest in a Pandemic – The Special Status of Public Spaces

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Freedom of Expression and the Ban on Arabic in NSW Prisons – Analysing Hamzy v Commissioner of Corrective Services [2020] NSWSC 414

BY ALEXANDRA GREY

The NSW Supreme Court’s judgment in Hamzy v Commissioner of Corrective Services, handed down in April, upholds the legality of NSW’s English-only rules on communication by “extreme high risk restricted” (EHRR) inmates. It provides a rare … Read the rest

Courts and COVID-19: Challenges and Opportunities in Australia

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here

BY … Read the rest

The Demos in a Pandemic – Staging Elections during a Health Emergency

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.

BY … Read the rest

Climate change and human rights under the Australian Charters

BY KENT BLORE

Late last year, the Dutch case of Urgenda made international headlines when the Dutch Supreme Court found its government in breach of the rights to life and privacy for failing to scale up its emissions reductions targets … Read the rest

Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

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

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