Category: Human rights (page 1 of 8)

Book forum on Appleby, Olijnyk, Stellios and Williams Judicial Federalism in Australia

AUSPUBLAW is pleased to publish this book forum as a companion to the launch of Gabrielle Appleby, Anna Olinjyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice (Federation Press, 2021), which was hosted online … Read the rest

Judicial Federalism in Australia book forum: The Hon William Gummow AC

Professor Gummow provides the first set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, Read the rest

Judicial Federalism in Australia book forum: Brendan Lim

Dr Brendan Lim provides the second set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial federalism in Australia book forum: Erin Delaney – Kable, federalism, and political constitutionalism

Professor Erin Delaney provides the final set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all Read the rest

Judicial Federalism in Australia book forum: Authors’ Response

Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, respond to reflections by the Hon William Gummow AC, Dr Brendan Lim, Professor Sarah Murray and Professor Erin Delaney, on their book Judicial Federalism in Australia: History, Theory, Read the rest

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

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