Category: Public law and legal theory (page 1 of 6)

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

A critical review of City, State and potential implications for Australian cities

This post is the first in a 2021 special series, which is a companion to the Gilbert + Tobin Centre of Public Law’s Global Public Law Virtual Book Series. The aim of the virtual book series is to invite Read the rest

Seeing the New Administrative Law in a ‘green light’

This is the second in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY LYNSEY Read the rest

The divided decision in Love v Commonwealth – an analysis of Justice Gageler’s and Justice Edelman’s approaches to constitutional interpretation

AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.

BY MIKAELA SMITH

Introduction

In the recent case of Love v Commonwealth; Thoms v Read the rest

Would a non-judicial inquiry into the allegation made against the Attorney-General undermine the rule of law?

BY LISA BURTON CRAWFORD

Murray Gleeson once said that ‘the rule of law is such a powerful rhetorical weapon, both in legal and political argument, that care should be taken in its deployment’. This is because the rule of law … Read 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

On Voice, and finding a place to start

This is the third 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

Constitutional recognition: two decades on

This is the first 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 will also feature posts Read the rest

Clive Palmer takes a sovereign risk challenging the authority of WA Parliament

BY NATALIE BROWN

This is the second post AUSPUBLAW is publishing on the Palmer Act. The first post provides an overview of the legislation and its background.

 On 13 August 2020, the Western Australian Parliament amended the Mineralogy State AgreementRead the rest

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