Category: Legislative process (page 1 of 3)

Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?

BY JONATHAN BONNITCHA

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here.

The High Court’s decisions in Mineralogy v WA and Palmer Read the rest

Manner and form mysteries highlighted but unresolved in Mineralogy v WA

BY ANNE TWOMEY

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Jonathan Bonnitcha’s accompanying post is here.

One of the difficulties in understanding and applying manner and Read the rest

The Migration Amendment (Clarifying International Obligations for Removal) Act 2021: A case study in the importance of proper legislative process

BY SANGEETHA PILLAI

On 13 May 2021, the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)(‘Clarifying International Obligations Act’) was passed by both houses of federal Parliament, with bipartisan support. Its enactment was met with … Read the rest

Legislative morass and the rule of law: a warning, and some possible solutions

BY WILLIAM ISDALE AND CHRISTOPHER ASH

Introduction

Today, legislation is the predominant source of law. Its voluminous production is a central feature of our governance, and shows no signs of slowing. “[E]very day”, Waldron writes, “another demand emerges for … Read the rest

Consultation and a First Nations Voice: Building on the Aboriginal and Torres Strait Islander Commission

This is the final post in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Megan DavisRead the rest

Constitutional conversation, institutional listening and the First Nations Voice

This is the fourth of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

The relationship between Parliament and the Voice and the importance of enshrinement

This is the second of five posts in a special series that AUSPUBLAW is featuring on the First Nations Voice to Parliament. This series is co-hosted with the newly launched Indigenous Constitutional Law Blog, and also features posts by Read the rest

Queensland Public Health Laws and COVID-19: A Challenge to the Rule of Law?

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Delegated Legislation and Democracy: The Problem of Exemptions

BY LORNE NEUDORF

Introduction

Delegated legislation has become the principal form of lawmaking in Australia’s legal system. By volume, it makes up the majority of new federal law that is made each year. It is everywhere, touching upon nearly all … Read the rest

Tasmania’s Subordinate Legislation Committee fails to provide democratic accountability during the COVID-19 emergency

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

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