Category: Public law and legal theory (page 1 of 5)

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

The Demos in a Pandemic – Staging Elections during a Health 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.

BY … 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

The Rightful Place of First Nations: Love & Thoms

BY EDDIE SYNOT

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Elisa Arcioni and Rayner Thwaites’  accompanying post is here.

The High Court recently delivered its highly anticipated decision … Read the rest

Aboriginal Australians not vulnerable to deportation

BY ELISA ARCIONI AND RAYNER THWAITES

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Eddie Synot’s accompanying post is here.

Introduction

On Tuesday 11 February 2020, the High Court … Read the rest

Extreme Examples in Constitutional Law

BY JACK MAXWELL

‘The spectre was raised in argument of a Government seeking to rule without Parliament or, at the least, dispense with its sitting for very lengthy periods. … We do not believe that it is helpful to consider

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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

Book Forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Dani Larkin and the Hon Robert French AC reflect on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. Dylan Read the rest

Book Forum: Dani Larkin

Dani Larkin provides the first post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. To see all posts, please click here. Click through for a post by the Hon Robert Read the rest

Book Forum: The Hon Robert French AC

The Hon Robert French AC provides the second post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State.? To see all posts please click here. Click through for a post Read the rest

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