Category: Judiciary (page 1 of 2)

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

Justice Edelman’s originalism, or hints of it

BY JULIAN R MURPHY

 

Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest

Mistake to consolidate Premier and Attorney-General portfolios

BY BRENDAN GOGARTY

Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest

Section 44, Interpretation and Changing the Law

BY DAVID TAN

In the Engineer’s case, Higgins J stated:

‘The question [of constitutional interpretation] is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to

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Clive Palmer and the bankruptcy ‘Star Chamber’?  The granting of powers of inquiry to courts under Ch III of the Constitution

BY DAN WESTBURY

In Palmer v Ayers, the High Court considered the congruence of powers of examination given to the Federal Court in its supervision of bankruptcy with Chapter III of the Constitution. In modern constitutional law, the separation … 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

Ceremony matters: The lasting significance of the swearing-in ceremony of Chief Justice Susan Kiefel

 BY HEATHER ROBERTS

Monday, 30 January 2017 was an historic day. At 10:15am Susan Kiefel was sworn-in as Chief Justice of the High Court, the first woman to hold the office since the Court’s creation in 1903.

With the notable … Read the rest

Chief Justice Susan Kiefel and the politics of judicial diversity

kmclouglinBY KCASEY MCLOUGHLIN

Australian women waited over eighty years for the first woman to sit on the bench of the High Court of Australia. Now, three decades later a particularly resilient glass ceiling has been shattered with the announcement that … Read the rest

Apprehended bias: a public critique of the fair-minded lay observer

Anna Olijnyk

BY ANNA OLIJNYK

The controversy surrounding Royal Commissioner Dyson Heydon AC QC has exposed the rule against apprehended bias to public scrutiny. And the public was not wholly impressed by what it saw.

Public lawyers should care about this: the … Read the rest

Politicians as Judges

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BY DOUGLAS MCDONALD-NORMAN

Judicial appointments of serving or former politicians were once commonplace in Australia. Thirteen members of state, federal or colonial Parliaments have been appointed to the High Court of Australia. However, the last former parliamentarian on the High … Read the rest

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