Tag: executive power

“You CAN handle the … trial of defence members for any offence,” High Court tells Military Tribunals



The Commonwealth Constitution embodies a separation of judicial power from executive and legislative power. While the boundaries between each species of power are not sharply defined, it has long been accepted that “convictions for offences Read the rest

The Demos in a Pandemic – Staging Elections during a Health Emergency

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.

BY … Read the rest

Does the ‘Serious Overseas Criminal Matters’ scheme have serious legal issues?


According to a recent front-page news story (The Australian, Tuesday 13 March 2018), the Serious Overseas Criminal Matters scheme (‘SOCM scheme’) has helped to pay for legal assistance for Peter Scully, Cassie Sainsbury, Schapelle Corby, David Hicks, … Read the rest

Plaintiff M96A and the elusive limits of immigration detention


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

Locating the Place of the Royal Prerogative After Miller


It is often claimed that the constitutional history of the United Kingdom is the history of the tension between the Crown and Parliament. This historical narrative emphasises the ascendency of the latter institution over the former. It … Read the rest

Chief Justice French on Non-Statutory Executive Power: A Timely Reflection

amanda-sapienzaBY AMANDA SAPIENZA

As the retirement of Chief Justice Robert French from the High Court draws closer, there will be many occasions for reflecting on his legacy. The focus of this post is on an area in which he perhaps … Read the rest


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