Category: Democracy (page 1 of 9)

Legislative morass and the rule of law: a warning, and some possible solutions

BY WILLIAM ISDALE AND CHRISTOPHER ASH

Introduction

Today, legislation is the predominant source of law. Its voluminous production is a central feature of our governance, and shows no signs of slowing. “[E]very day”, Waldron writes, “another demand emerges for … Read the rest

A critical review of City, State and potential implications for Australian cities

This post is the first in a 2021 special series, which is a companion to the Gilbert + Tobin Centre of Public Law’s Global Public Law Virtual Book Series. The aim of the virtual book series is to invite leading 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

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 pandemic and the public trust

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.Read the rest

The National Cabinet: Presidentialised Politics, Power-sharing and a Deficit in Transparency

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.Read the rest

Australia’s first trilingual statute

BY SHIREEN MORRIS AND JULIAN R MURPHY

With public attention firmly focused on the pandemic response, there was little fanfare when Victoria recently passed what appears to be Australia’s first trilingual statute – the Great Ocean Road and Environs Protection Read the rest

Clive Palmer takes a sovereign risk challenging the authority of WA Parliament

BY NATALIE BROWN

This is the second post AUSPUBLAW is publishing on the Palmer Act. The first post provides an overview of the legislation and its background.

 On 13 August 2020, the Western Australian Parliament amended the Mineralogy State AgreementRead the rest

Queensland Public Health Laws and COVID-19: A Challenge to the Rule of Law?

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.Read the rest

The Constitutional Historiography of the Palace Letters

BY WILL PARTLETT

Prime Minister Gough Whitlam’s dismissal by Governor-General Sir John Kerr in 1975 occupies an important part of Australian collective historical memory. It does so for good reason. By any account, the decision by an unelected representative of … Read the rest

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