Tag: High Court (page 2 of 2)

High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons

BY LUKE BECK

 

The High Court almost never gives proper reasons for its decisions on applications for special leave to appeal. In a new article in the University of New South Wales Law Journal, I argue that this … Read the rest

Justice Edelman’s originalism, or hints of it

BY JULIAN R MURPHY

 

Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … 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

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

Chief Justice Susan Kiefel and the politics of judicial diversity

kmclouglinBY KCASEY MCLOUGHLIN

Australian women waited over eighty years for the first woman to sit on the bench of the High Court of Australia. Now, three decades later a particularly resilient glass ceiling has been shattered with the announcement that … Read the rest

Australia’s South Sea Islanders – still paying for the law’s failure

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BY PETER PRINCE

‘[I]f you have hundreds of years of racial discrimination, it’s likely that the vestiges of that discrimination linger on – and we should acknowledge that and own that’ – President Barack Obama

Emelda Davis of the Australian … Read the rest

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