Category: Federalism (page 1 of 2)

Preventive measures and the far-right threat; the limit of Commonwealth power

BY JESSIE SMITH

The Parliamentary Joint Committee on Intelligence and Security (the Committee) is currently examining extremist movements and radicalism in Australia. This follows a public statement by the Australian Security and Intelligence Organisation (ASIO) that … 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 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

Border Closures and s 92: Clive Palmer’s Quest to Enter WA

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

Spence v Queensland: A Turning Point in the High Court’s Approach to Federalism?

BY NICHOLAS ARONEY AND DANIEL WHITMORE

In May 2019 the High Court of Australia held by majority (Kiefel CJ, Bell, Gageler and Keane JJ) that a provision of the Commonwealth electoral law was invalid, on the basis that it was … Read the rest

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

Northern Rights, Southern Law: Queensland’s proposed new human rights statute

BY JEREMY GANS

Introducing a bill to fulfil a two-year-old election pledge on a Wednesday morning, the Queensland Premier labelled it ‘the best and surest means of maintaining for us and our posterity the human rights declared by the … Read the rest

The Noongar Settlement: Two Lessons for Treaty Making in Australia

BY HARRY HOBBS

On 17 October 2018, Australia’s largest native title settlement moved a step towards implementation, when the Native Title Registrar accepted the Noongar Settlement for registration in the Native Title Register. The culmination of many years of … Read the rest

Public Accountability over major mining projects in Queensland

BY NARELLE BEDFORD

The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent Read the rest

South Australia’s Royal Commission provides ‘blue print’ to challenge Basin Plan

BY ADAM WEBSTER

At the end of April, the South Australian Royal Commission into the Murray-Darling Basin released its second issues paper. The issues paper focuses on the legal construction of the Water Act 2007 (Cth) and calls into … Read the rest

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