Category: Legal Theory (page 1 of 2)

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

Democracy as the moral justification for judicial review

BY SALMAN SHAH

Introduction

There is a longstanding debate about whether it is democratically legitimate for a court to review the constitutional validity of a democratically elected parliament’s legislation. In a recent iteration of this debate, Jeremy Waldron adopts a … Read the rest

Book Forum on Luke Beck’s Religious Freedom and the Australian Constitution

AUSPUBLAW is pleased to present the first in what will be an occasional series of book forums.

In this book forum, Farrah Ahmed, Alex Deagon and Marion Maddox reflect on Luke Beck’s Religious Freedom and the Australian Constitution.  … Read the rest

Book Forum: Farrah Ahmed

Farrah Ahmed provides the first post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Alex Deagon and Marion Maddox, as Read the rest

Book Forum: Alex Deagon

Alex Deagon provides the second post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Farrah Ahmed and Marion Maddox, as Read the rest

Book Forum: Marion Maddox

Marion Maddox provides the third post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Farrah Ahmed and Alex Deagon, as Read the rest

Book Forum: Luke Beck

Luke Beck replies to reflections from Farrah Ahmed, Alex Deagon and Marion Maddox on his book Religious Freedom and the Australian Constitution. To see all posts please click here.

BY LUKE BECK

In his Foreword, former Chief … Read the rest

What is history, again?

BY HELEN IRVING

In his AUSPUBLAW blog post on 6 November 2017 discussing Justice Edelman’s dissent in Graham v Minister for Immigration and Border Protection [2017] HCA 33, Julian R Murphy finds evidence of a particular, conservative commitment on … 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

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

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