Category: Democracy (page 1 of 8)

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

Democracy as the moral justification for judicial review

BY SALMAN SHAH

Introduction

There is a longstanding debate about whether it is democratically legitimate for a court to review the constitutional validity of a democratically elected parliament’s legislation. In a recent iteration of this debate, Jeremy Waldron adopts a … Read the rest

The Demos in a Pandemic – Staging Elections during a Health 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.

BY … Read the rest

Law-making in a crisis: Commonwealth and NSW coronavirus regulations

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

Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

A Secretive State: The Collaery Trial and National Security Disclosures

BY KEIRAN HARDY

In August 2019, the intelligence officer known as Witness K indicated he would plead guilty to a conspiracy charge under s 39 of the Intelligence Services Act 2001 (Cth) (ISA). That section prohibits the disclosure of information … Read the rest

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