Category: Public law and legal theory (page 1 of 3)

Can once valid legislation ‘become’ invalid? A case study of the High Court’s (now-lost) Nauru jurisdiction

BY BEN YE

On 13 March 2018, Nauru unilaterally terminated its bilateral treaty (‘Nauru Treaty’) with Australia. This treaty had been implemented by domestic law: the Nauru (High Court Appeals) Act 1976 (Cth) (‘Appeals Act’) granted … Read the rest

Book Forum on Luke Beck’s Religious Freedom and the Australian Constitution

AUSPUBLAW is pleased to present the first in what will be an occasional series of book forums.

In this book forum, Farrah Ahmed, Alex Deagon and Marion Maddox reflect on Luke Beck’s Religious Freedom and the Australian Constitution.  … Read the rest

Book Forum: Farrah Ahmed

Farrah Ahmed provides the first post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Alex Deagon and Marion Maddox, as Read the rest

Book Forum: Alex Deagon

Alex Deagon provides the second post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Farrah Ahmed and Marion Maddox, as Read the rest

Book Forum: Marion Maddox

Marion Maddox provides the third post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Farrah Ahmed and Alex Deagon, as Read the rest

Book Forum: Luke Beck

Luke Beck replies to reflections from Farrah Ahmed, Alex Deagon and Marion Maddox on his book Religious Freedom and the Australian Constitution. To see all posts please click here.

BY LUKE BECK

In his Foreword, former Chief … Read the rest

Dancing with Dicey: A Century of Flexible State Constitutions

BY CHRIS PIGGOTT-MCKELLAR

One hundred years ago this month, rumblings that the constitutional ground in Australia was about to shift underfoot were felt when the High Court handed down its decision in McCawley v R (1918) 26 CLR 9 (‘… Read the rest

The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?

BY JANINA BOUGHEY

In the midst of the Liberal Party’s recent leadership turmoil, questions were raised about Peter Dutton’s eligibility to sit in Parliament. As Minister for Home Affairs (which, until the latest re-shuffle included immigration) Dutton was responsible, … Read the rest

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest

Bye-bye By-Elections? Ritual and Rhythm and Voting out of Season

BY GRAEME ORR

By-elections have been a fixture of our political landscape since colonial times, and then some. They emerged, at Westminster, in the 16th century Reformation Parliament. By the 17th century Restoration they were common. Not least … Read the rest

Older posts

© 2018 AUSPUBLAW

Theme by Anders NorenUp ↑