Category: Constitutional Law (page 1 of 14)

Minister for Home Affairs v Benbrika [2021] HCA 4

BY JAMES STELLIOS

Continuing detention in Australian constitutional law

The 1996 decision of the High Court in Kable v Director of Public Prosecutions (1996) 189 CLR 51, striking down the validity of the Community Protection Act 1994 (NSW), … Read the rest

The divided decision in Love v Commonwealth – an analysis of Justice Gageler’s and Justice Edelman’s approaches to constitutional interpretation

AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.

BY MIKAELA SMITH

Introduction

In the recent case of Love v Commonwealth; Thoms v Read the rest

Would a non-judicial inquiry into the allegation made against the Attorney-General undermine the rule of law?

BY LISA BURTON CRAWFORD

Murray Gleeson once said that ‘the rule of law is such a powerful rhetorical weapon, both in legal and political argument, that care should be taken in its deployment’. This is because the rule of law … Read the rest

Consultation and a First Nations Voice: Building on the Aboriginal and Torres Strait Islander Commission

This is the final post in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Megan DavisRead the rest

Constitutional conversation, institutional listening and the First Nations Voice

This is the fourth of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

On Voice, and finding a place to start

This is the third of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

The relationship between Parliament and the Voice and the importance of enshrinement

This is the second of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

Constitutional recognition: two decades on

This is the first of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and will also feature posts Read the rest

The High Court and Respect for Australian South Sea Islanders

BY PETER PRINCE AND EVE LESTER

it is imperative…that the common law should neither be nor be seen to be frozen in an age of racial discrimination
Justice Brennan, Mabo v Queensland [No 2] (1992)

Participants in the … Read the rest

Habeas Corpus, Jurisdiction, and Aboriginal-Identifying People in Immigration Detention: McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223

BY JAMES BARRETT

On 11 December 2020 the Full Court of the Federal Court delivered judgment for Mr McHugh. Mr McHugh claimed that he was being held in immigration detention unlawfully despite being Aboriginal, though he could not prove his … Read the rest

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