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The Rule of Law as an Assumption of the Australian Constitution

BY LISA BURTON CRAWFORD

In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest

A decade on: What happened to the historic Blue Mud Bay case (and why is it in the news again)?

BY LAUREN BUTTERLY

On 30 May 2017, the Indigenous Affairs Minister Nigel Scullion announced 7.5 million dollars to help ‘finalise Aboriginal land claims over sea country’ in the Northern Territory (NT). These ‘land claims’, or rather negotiations, relate to the … Read the rest

The Uluru Statement: Towards Federalism with First Nations

BY DYLAN LINO

A momentous thing happened on 26 May 2017. Gathered together in the shadow of Uluru for an unprecedented National Constitutional Convention, over 200 Aboriginal and Torres Strait Islander delegates ‘coming from all points of the southern sky’ … Read the rest

Public Law Events Roundup June 2017

Welcome to the June edition of the AUSPUBLAW Australian Public Law Events Roundup. We’d like to thank the Gilbert + Tobin Centre Social Justice Intern, Nakul Bhagwat for again doing an excellent job assisting us in compiling this events post.… Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

Clive Palmer and the bankruptcy ‘Star Chamber’?  The granting of powers of inquiry to courts under Ch III of the Constitution

BY DAN WESTBURY

In Palmer v Ayers, the High Court considered the congruence of powers of examination given to the Federal Court in its supervision of bankruptcy with Chapter III of the Constitution. In modern constitutional law, the separation … Read the rest

Public Law Events Roundup May 2017

Welcome to the May edition of the AUSPUBLAW Australian Public Law Events Roundup. We’d like to thank Nakul Bhagwat, the Gilbert + Tobin Centre of Public Law social justice intern, for his assistance in compiling this events roundup.

We would … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Close of Day

BY TONY BLACKSHIELD

Bob Day’s financial problems came to a head through the collapse of the South Australian division of his company Homestead Homes. His constitutional problems arose through his insistence on having his Senate electoral office in his own … Read the rest

A Ban on Foreign Political Donations: Definitions, Scope and Constitutional Validity

BY YEE-FUI NG

The federal Joint Standing Committee on Electoral Matters has recommended that foreign citizens and entities be banned from making political donations to political parties, associated entities (such as trade unions and dedicated fundraising bodies) and third parties … Read the rest

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