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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

Public Law Events Roundup May 2021

Welcome to the May edition of the AUSPUBLAW Australian Public Law Events Roundup.

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included in this roundup, please contact us at auspublaw@unsw.edu.au. The … 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

Minister for Home Affairs v Benbrika [2021] HCA 4

BY JAMES STELLIOS

Continuing detention in Australian constitutional law

The 1996 decision of the High Court in Kable v Director of Public Prosecutions (1996) 189 CLR 51, striking down the validity of the Community Protection Act 1994 (NSW), … Read the rest

Public Law Events Roundup April 2021

Welcome to the April edition of the AUSPUBLAW Australian Public Law Events Roundup.

Before we get to the events roundup, we would like to draw your attention to the following two opportunities:

ECA Symposium in Law and Justice
Sydney Law

Read the rest

Apprehended bias and the nuclear effect – lessons from the New Acland proceedings

BY WILLIAM ISDALE AND NICHOLAS SIMOES DA SILVA

On 3 February 2021, the High Court delivered its judgment in Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2020] HCA 2 (‘New Acland HCA’). The decision arose out … Read the rest

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first 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 JANINA 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

Consultation and a First Nations Voice: Building on the Aboriginal and Torres Strait Islander Commission

This is the final post 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 Megan DavisRead the rest

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