Category: Constitutional Law (page 1 of 12)

Government Under Law: Smethurst v Commissioner of Police

BY JEFF GORDON

Is it consistent with the rule of law that a grave overstep of government power is merely paid for when it can be easily reversed? In Smethurst v Commissioner of Police [2020] HCA 14, the High Court … 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

Frenetic law making during the COVID-19 pandemic: the impact on doctors, patients and the Medicare system

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

Democracy as the moral justification for judicial review

BY SALMAN SHAH

Introduction

There is a longstanding debate about whether it is democratically legitimate for a court to review the constitutional validity of a democratically elected parliament’s legislation. In a recent iteration of this debate, Jeremy Waldron adopts a … 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

Dr Yunupingu’s claim for native title compensation – the Constitutional path not yet trodden

BY WILLIAM ISDALE

Late last year, Dr Galarrwuy Yunupingu made news when he announced his intention to make a compensation claim in relation to Commonwealth grants of mining interests in the Gove Peninsula in the 1960s. The claim was lodged … Read the rest

The Rightful Place of First Nations: Love & Thoms

BY EDDIE SYNOT

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Elisa Arcioni and Rayner Thwaites’  accompanying post is here.

The High Court recently delivered its highly anticipated decision … Read the rest

Aboriginal Australians not vulnerable to deportation

BY ELISA ARCIONI AND RAYNER THWAITES

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Eddie Synot’s accompanying post is here.

Introduction

On Tuesday 11 February 2020, the High Court … Read the rest

Extreme Examples in Constitutional Law

BY JACK MAXWELL

‘The spectre was raised in argument of a Government seeking to rule without Parliament or, at the least, dispense with its sitting for very lengthy periods. … We do not believe that it is helpful to consider

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

Older posts

© 2020 AUSPUBLAW

Theme by Anders NorenUp ↑