Category: Public law and legal theory

To save democracy, reform it

graham-orr-and-ron-levy

 

BY RON LEVY AND GRAEME ORR

The US election just passed has made many people wonder about the merits of democracy. If an election can still be won using the dark rhetorics of earlier, troubled times in Western history, … 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

When is finality trumped? Kirk and the principle of finality

Sarah-jane Morris

BY SARAH-JANE MORRIS

The High Court of Australia has repeatedly stated that it is a ‘central and pervading tenet of the judicial system’ that ‘controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances’, such … Read the rest

Human, All Too Human: Human Fallibility and the Separation of Powers

J Crowe photoBY JONATHAN CROWE

Humans are fallible—and this fallibility is the hardest thing for us to grasp. We have limited knowledge—and the limits of our knowledge routinely prevent us from realising just how much we do not know. Our reasoning processes … Read the rest

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