Category: Democracy (page 1 of 6)

“A powerful chill”? Comcare v Banerji [2019] HCA 23 and the political expression of public servants

BY KIERAN PENDER

This month, the High Court of Australia confronted for the first time an issue that has vexed courts around the world for decades. How can the compelling need for an impartial bureaucracy be reconciled with the fact … Read the rest

Book Forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Dani Larkin and the Hon Robert French AC reflect on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. Dylan Read the rest

Book Forum: Dani Larkin

Dani Larkin provides the first post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. To see all posts, please click here. Click through for a post by the Hon Robert Read the rest

Book Forum: The Hon Robert French AC

The Hon Robert French AC provides the second post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State.? To see all posts please click here. Click through for a post Read the rest

Book Forum: Dylan Lino

Dylan Lino replies to reflections from Dani Larkin and the Hon Robert French AC on his book Constitutional Recognition: First Peoples and the Australian Settler State. To see all posts please click here.

BY DYLAN LINO

Putting a … 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

It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process

BY LOU DARGAN

In Hocking v Director-General of the National Archives of Australia, a divided Full Federal Court (Allsop CJ and Robertson J, Flick J dissenting) ruled that the Palace Letters – the correspondence between Sir John Kerr and … Read the rest

Can Standing Orders Prevent a Simple Majority of the House of Representatives From Passing a Bill Against the Government’s Wishes?

BY ANNE TWOMEY

Lacking an outright majority in the House of Representatives, the Morrison Government is facing the prospect that not only might it lose votes in the lower House, but a bill might be passed against its wishes, such … Read the rest

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