Category: Democracy (page 1 of 8)

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

Protest in a Pandemic – The Special Status of Public Spaces

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

Delegated Legislation and Democracy: The Problem of Exemptions

BY LORNE NEUDORF

Introduction

Delegated legislation has become the principal form of lawmaking in Australia’s legal system. By volume, it makes up the majority of new federal law that is made each year. It is everywhere, touching upon nearly all … Read the rest

Is it unconstitutional for the Commonwealth to gag community lawyers?

BY JACK MAXWELL

The Commonwealth Government prevents community lawyers from campaigning about systemic legal issues. This is misguided, because it hampers their efforts to tackle those problems. This post argues that it is also unconstitutional, because it violates the implied … Read the rest

Palace Letters are Commonwealth Records: A Victory for Democratic Transparency

BY MARIA NAWAZ

Introduction

On 29 May, the High Court handed down its decision in Hocking v Director-General of the National Archives of Australia [2020] HCA 19. In an emphatic  6:1 decision, the Court held that correspondence known as the … Read the rest

Tasmania’s Subordinate Legislation Committee fails to provide democratic accountability during the COVID-19 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.Read the rest

Trust, COVIDSafe, and the Role of Government

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

Keeping watch on COVID-19 laws: are parliamentary committees up to the job?

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

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