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

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

The Palmer Act

BY NICK SEDDON

This post introduces a very strange story. It is about the Western Australian government’s legislative attempt to shut down Mr Clive Palmer’s arbitration claims to an estimated $30 billion, an amount that is about equal to the … Read the rest

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

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

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