Category: Comparative public law (page 1 of 4)

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

The Commonwealth Ombudsman: still fit for purpose?

This is the seventh 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 ANITA Read the rest

Launch of the Feminist Judgments and Critical Judgments Projects website!

BY GABRIELLE APPLEBY AND ROSALIND DIXON

Last week, the Gilbert + Tobin Centre of Public Law was delighted that the Hon. Margaret McMurdo AC launched the Feminist Judgments and Critical Judgments Projects website (www.criticaljudgments.com). Margaret was the first … Read the rest

Delays in Parole Applications at the Parole Board Queensland: An Action in False Imprisonment?

BY ANNA KRETOWICZ

Introduction

In March 2021, there were an estimated 2,100 undecided new applications at the Parole Board Queensland (the Board). While administrative backlogs are undesirable (one need only think of the Administrative Appeals Tribunal, where a … Read the rest

Foreign influence and the implied freedom of political communication: LibertyWorks v Commonwealth

BY JOSH GIBSON

Introduction

On 16 June 2021, the High Court delivered its judgment in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 (LibertyWorks v Commonwealth). The case centred on the Foreign Influence Transparency Scheme Act Read the rest

The Rise of Automated Decision-Making in the Administrative State: Are Kerr’s Institutions still ‘Fit for Purpose’?

This is the sixth 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 YEE-FUI NGRead the rest

Book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Craig Lenehan SC and Murray Wesson reflect on Shipra Chordia’s Proportionality in Australian Constitutional Law.

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Book forum: Craig Lenehan SC

Craig Lenehan SC provides the first post in our book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law. To see all posts, please click here. Click through for a post by Murray Wesson.

BY CRAIG LENEHAN Read the rest

Book forum: Murray Wesson

Murray Wesson provides the second post in our book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law. To see all posts, please click here. Click through for a post by Craig Lenehan SC.

BY MURRAY WESSON… Read the rest

The Global South and liberal constitutionalism: incommensurable opposites?

This post is the fourth in a 2021 special series, which is a companion to the Gilbert + Tobin Centre of Public Law’s Global Public Law Virtual Book Series. The aim of the virtual book series is to invite Read the rest

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