Category: Judicial review (page 1 of 2)

Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction

BY ANDREW ROBERTS

The High Court has recently handed down three decisions in its unusual jurisdiction hearing appeals from the Supreme Court of Nauru. BRF038 v Republic of Nauru (delivered 18 October 2017) and HFM045 v Republic of Nauru (delivered … Read the rest

High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons

BY LUKE BECK

 

The High Court almost never gives proper reasons for its decisions on applications for special leave to appeal. In a new article in the University of New South Wales Law Journal, I argue that this … Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest

‘Anti-corruption’, water and the Basin Plan

BY BRUCE LINDSAY

Water management and decision-making is vulnerable to lobbying by powerful commercial interests, as was illustrated recently by the ABC Four Corners investigation into NSW water management. Even where such conduct cannot be categorised as corrupt in … Read the rest

The Rule of Law as an Assumption of the Australian Constitution

BY LISA BURTON CRAWFORD

In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Locating the Place of the Royal Prerogative After Miller

BY BYRON KAREMBA

It is often claimed that the constitutional history of the United Kingdom is the history of the tension between the Crown and Parliament. This historical narrative emphasises the ascendency of the latter institution over the former. It … Read the rest

Human Rights To BREXIT …. And Beyond

BY CONOR GEARTY 

It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

Administrative law and Centrelink’s “robodebt” system

BY MATTHEW BUTT

Centrelink’s new online system to streamline the identification and recovery of overpayments detected through data-matching became fully operational in July last year. It automatically sends a letter to current or former social security recipients in cases where … Read the rest

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