Category: Human rights (page 1 of 8)

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

BY ANTON MOISEIENKO

Introduction

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. … Read the rest

Witnesses J, K – and L? Open Justice, the NSI Act and the Constitution

BY KIERAN PENDER

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with … Read the rest

Statutory interpretation under section 48 of the Human Rights Act 2019 (Qld): the first eighteen months

BY BENEDICT COXON

On 1 January 2020, the Human Rights Act 2019 (Qld) (QHRA) entered fully into force, including the interpretive provision contained in s 48, which was modelled on s 32 of the Charter of Human Rights Read the rest

The ‘Ecological Limitation’: Exploring the Implications of Climate Change for the Australian Constitution

BY COSTA AVGOUSTINOS

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes … Read the rest

Delays in Parole Applications at the Parole Board Queensland: An Action in False Imprisonment?

BY ANNA KRETOWICZ

Introduction

In March 2021, there were an estimated 2,100 undecided new applications at the Parole Board Queensland (the Board). While administrative backlogs are undesirable (one need only think of the Administrative Appeals Tribunal, where a … Read the rest

Proportionality, rights and Australia’s COVID-19 response: Insights from the India travel ban

BY LIZ HICKS AND SANGEETHA PILLAI

The closure of international borders has been a key pillar of Australia’s response to the COVID-19 crisis. Australia’s strategy to “aggressively suppress” (in practice, eliminate) COVID-19 within its borders has relied heavily on … Read the rest

MZAPC: Calibrating constitutional limits on legislative power

BY EMILY HAMMOND

The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

Minister for Home Affairs v Benbrika [2021] HCA 4

BY JAMES STELLIOS

Continuing detention in Australian constitutional law

The 1996 decision of the High Court in Kable v Director of Public Prosecutions (1996) 189 CLR 51, striking down the validity of the Community Protection Act 1994 (NSW), … Read the rest

The High Court and Respect for Australian South Sea Islanders

BY PETER PRINCE AND EVE LESTER

it is imperative…that the common law should neither be nor be seen to be frozen in an age of racial discrimination
Justice Brennan, Mabo v Queensland [No 2] (1992)

Participants in the … Read the rest

Should an ongoing criminal investigation bar the return of unlawfully seized property?

BY JULES O’DONNELL

Earlier this year, the High Court unanimously ruled that the Australian Federal Police (AFP) had unlawfully searched journalist Annika Smethurst’s home in 2018. The Court held that the warrant for the search was invalid because it did … Read the rest

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