Category: Public law and legal theory (page 2 of 4)

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?”

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 “Freedom of Political Communication and Public Servants”

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

South Australia’s Royal Commission provides ‘blue print’ to challenge Basin Plan

BY ADAM WEBSTER

At the end of April, the South Australian Royal Commission into the Murray-Darling Basin released its second issues paper. The issues paper focuses on the legal construction of the Water Act 2007 (Cth) and calls into … Read the rest “South Australia’s Royal Commission provides ‘blue print’ to challenge Basin Plan”

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest “Australia’s First Treaty”

The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference

BY JUSTIN GLEESON SC

 

This post is a keynote paper that was delivered by Justin Gleeson SC at the 2018 Constitutional Law Conference in Sydney. Noting that other papers at the conference covered individual cases from 2017, Mr Gleeson Read the rest “The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference”

Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?

BY LAEL K WEIS

A striking feature of current debates about constitutional reform in Australia is the evident interest in exploring legislative alternatives to formal amendment. Although this may be explained by the historically low success rate of referendums, the Read the rest “Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?”

Looking forward, looking back: Native Title in 2017 and 2018

BY AARON MOSS

As the 2018 legal year kicks off, one inevitably begins to reflect upon the year that was, and the year that will be. As this post will demonstrate, 2017 was a particularly significant year for native title … Read the rest “Looking forward, looking back: Native Title in 2017 and 2018”

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