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

AAT: Importance, Independence and Appointments

BY NARELLE BEDFORD

Introduction

The Commonwealth Administrative Appeals Tribunal (AAT) commenced operations in 1976. Over time its jurisdiction has been expanded and it now reviews a vast array of federal government decisions made under more than 400 Acts. The AAT … Read the rest “AAT: Importance, Independence and Appointments”

The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection

BY JAMES BARRETT

Notoriously, Aboriginal people have been forced to live by Australian law. Surprisingly, Australian law may force Aboriginal people out of Australia.

Such is the predicament of Mr Justin Hands, an adopted member of the Aboriginal community at … Read the rest “The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection”

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

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 on Luke Beck’s Religious Freedom and the Australian Constitution”

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: Farrah Ahmed”

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: Alex Deagon”

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: Marion Maddox”

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 “Book Forum: Luke Beck”

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 “Dancing with Dicey: A Century of Flexible State Constitutions”

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

Older posts

© 2019 AUSPUBLAW

Theme by Anders NorenUp ↑