Category: Constitutional Law (page 1 of 16)

The practical impacts of the ADJR Act on judicial review applications

This is the eight 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 BRENDA Read the rest

Chetcuti and constitutional membership: context, case and implications

BY ELISA ARCIONI AND RAYNER THWAITES

Introduction

The Chetcuti decision of 12 August 2021 is the High Court’s latest attempt to delineate a concept of constitutional membership. Here membership is understood as ‘non-alienage’; in practical terms, immunity to deportation. The … Read the rest

Witnesses J, K – and L? Open Justice, the NSI Act and the Constitution

BY KIERAN PENDER

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with … Read the rest

Statutory interpretation under section 48 of the Human Rights Act 2019 (Qld): the first eighteen months

BY BENEDICT COXON

On 1 January 2020, the Human Rights Act 2019 (Qld) (QHRA) entered fully into force, including the interpretive provision contained in s 48, which was modelled on s 32 of the Charter of Human Rights Read the rest

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

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

Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4: The ‘Direction Principle’ Diminished?

BY TRISTAN TAYLOR

Introduction

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The … 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

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

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