Category: Constitutional Law (page 1 of 18)

Alienage and Citizenship after Chetcuti v Commonwealth

BY GUY BALDWIN

Since the shift in focus for supporting Commonwealth migration legislation from the ‘immigration’ power under s 51(xxvii) of the Constitution to the ‘aliens’ power under s 51(xix) in the 1980s, there has been a great deal … Read the rest

Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?

BY JONATHAN BONNITCHA

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here.

The High Court’s decisions in Mineralogy v WA and Palmer Read the rest

Manner and form mysteries highlighted but unresolved in Mineralogy v WA

BY ANNE TWOMEY

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Jonathan Bonnitcha’s accompanying post is here.

One of the difficulties in understanding and applying manner and Read the rest

Book forum on Appleby, Olijnyk, Stellios and Williams Judicial Federalism in Australia

AUSPUBLAW is pleased to publish this book forum as a companion to the launch of Gabrielle Appleby, Anna Olinjyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice (Federation Press, 2021), which was hosted online … Read the rest

Judicial Federalism in Australia book forum: The Hon William Gummow AC

Professor Gummow provides the first set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, Read the rest

Judicial Federalism in Australia book forum: Brendan Lim

Dr Brendan Lim provides the second set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial Federalism in Australia book forum: Sarah Murray – Stay[ing] out of the twilight’: Judicial Federalism in Australia: History, Theory, Doctrine and Practice

Professor Sarah Murray provides the third set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial federalism in Australia book forum: Erin Delaney – Kable, federalism, and political constitutionalism

Professor Erin Delaney provides the final set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial Federalism in Australia book forum: Authors’ Response

Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, respond to reflections by the Hon William Gummow AC, Dr Brendan Lim, Professor Sarah Murray and Professor Erin Delaney, on their book Judicial Federalism in Australia: History, Theory, Read the rest

Book forum on Amanda Sapienza’s Judicial Review of Non-Statutory Executive Action

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Alan Robertson SC, Laureate Professor Cheryl Saunders AO, and Jackson Wherrett reflect on Amanda Sapienza’s Judicial Review of Non-Statutory Executive ActionRead the rest

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