Category: Constitutional Law (page 2 of 11)

Picking up where Rizeq left off: Masson v Parsons [2019] HCA 21, s 79 of the Judiciary Act and the “otherwise provides” test

BY CELIA WINNETT

In Rizeq v Western Australia (‘Rizeq’), the High Court seized the opportunity to resolve some of the doubts that had “regrettably” (at [39]) arisen concerning the operation of s 79 of the Judiciary Act 1903 (Cth)Read the rest

Legislative Equality for Vulnerable Australians

BY ZACH RICHARDS

Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas)

On 10 April 2019 Tasmania passed legislation that will make life significantly easier for vulnerable transgender (hereafter ‘trans’) people. The Justice and Related Legislation (Marriage and Read the rest

Searle v Commonwealth [2019] NSWCA 127 – government contracting and fettering

BY NICK SEDDON

The fettering rule

When government enters into a contract, there is always a potential tension. To what extent does the contract bind the government in a way that may thwart the government’s task of governing? The answer … Read the rest

There and Back Again? The High Court’s Decision in Clubb v Edwards; Preston v Avery [2019] HCA 11

BY ALEX DEAGON

This is the first of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Arisha Arif and Emily Azar’s accompanying post is here and Josh Gibson’s accompanying post is here.Read the rest

Clubb v Edwards; Preston v Avery: Structured Proportionality – Has Anything Changed?

BY ARISHA ARIF AND EMILY AZAR

This is the second of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Josh Gibson’s accompanying post is hereRead the rest

Clubb v Edwards; Preston v Avery: The High Court and the Role of Amicus Curiae

BY JOSH GIBSON

This is the third of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Arisha Arif and Emily Azar’s accompanying post is hereRead the rest

Book Forum: Andrew Byrnes

Andrew Byrnes provides the first post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Lisa Burton Read the rest

Book Forum: Lisa Burton Crawford

Lisa Burton Crawford provides the second post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Andrew Read the rest

Book Forum: Harry Hobbs

Harry Hobbs provides the third post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Andrew ByrnesRead the rest

Book Forum: Adam Fletcher

Adam Fletcher replies to reflections from Andrew Byrnes, Lisa Burton Crawford and Harry Hobbs on his book Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window Dressing? To see all posts please click here.

BY ADAM FLETCHERRead the rest

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