Category: Comparative public law

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

Country Guidance Decisions in the UK and Australia

CD004_emailBY DOUGLAS MCDONALD-NORMAN

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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