BY JOHN ELDRIDGE AND TIM MATTHEWS
The common law has historically been hostile to the importance of public protest. Indeed, A V Dicey, in his seminal An Introduction to the Study of the Law of the Constitution, was categorical … Read the rest
Welcome to the November edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you once again to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for compiling this roundup.
In addition to … Read the rest
BY TONY BLACKSHIELD
Senator Nick Xenophon is OK. Although it employs the word “Citizen”, his status as a “British Overseas Citizen” confers such limited rights and privileges that it does not amount to “citizenship”.
Senator Matt Canavan is OK because … Read the rest
BY DOUGLAS MCDONALD-NORMAN
Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest
BY SUE MILNE
The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister … Read the rest
BY BRENDAN GOGARTY
Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest
Welcome to the October edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you to the Gilbert + Tobin Centre of Public Law’s social justice intern, Aaron Taverniti, for his assistance in compiling this roundup.
In addition … Read the rest
BY DAVID TAN
In the Engineer’s case, Higgins J stated:
‘The question [of constitutional interpretation] is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to
… Read the rest
BY BRUCE LINDSAY
Water management and decision-making is vulnerable to lobbying by powerful commercial interests, as was illustrated recently by the ABC Four Corners investigation into NSW water management. Even where such conduct cannot be categorised as corrupt in … Read the rest