Category: Legislative process (page 1 of 2)

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

Law-making in a crisis: Commonwealth and NSW coronavirus regulations

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

Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

The dual citizen ban – what was Barton thinking?

BY BRUCE DYER

Dual citizen parliamentarians are banned under Australia’s Constitution – even if they don’t know of their foreign citizenship. The far-reaching implications of this are evident from Re Canavan and Re Gallagher.

The dual citizen ban results … Read the rest

Legislative Equality for Vulnerable Australians

BY ZACH RICHARDS

Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas)

On 10 April 2019 Tasmania passed legislation that will make life significantly easier for vulnerable transgender (hereafter ‘trans’) people. The Justice and Related Legislation (Marriage and Read the rest

Raised Voices: Parliamentary Debate in Indigenous Languages

BY TIMOTHY GOODWIN AND JULIAN R MURPHY

Last week, history was made in the Northern Territory Legislative Assembly. The Independent Member for Nhulunbuy, Yingiya Mark Guyula, debated in Djambarrpuyngu, an Indigenous language of North East Arnhem Land. A significant … Read the rest

Book Forum: Andrew Byrnes

Andrew Byrnes provides the first post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Lisa Burton Read the rest

Book Forum: Lisa Burton Crawford

Lisa Burton Crawford provides the second post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Andrew Read the rest

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