Tag: proportionality (page 1 of 2)

The ‘Ecological Limitation’: Exploring the Implications of Climate Change for the Australian Constitution

BY COSTA AVGOUSTINOS

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes … Read the rest

Book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Craig Lenehan SC and Murray Wesson reflect on Shipra Chordia’s Proportionality in Australian Constitutional Law.

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Book forum: Craig Lenehan SC

Craig Lenehan SC provides the first post in our book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law. To see all posts, please click here. Click through for a post by Murray Wesson.

BY CRAIG LENEHAN Read the rest

Book forum: Murray Wesson

Murray Wesson provides the second post in our book forum on Shipra Chordia’s Proportionality in Australian Constitutional Law. To see all posts, please click here. Click through for a post by Craig Lenehan SC.

BY MURRAY WESSON… Read the rest

Proportionality, rights and Australia’s COVID-19 response: Insights from the India travel ban

BY LIZ HICKS AND SANGEETHA PILLAI

The closure of international borders has been a key pillar of Australia’s response to the COVID-19 crisis. Australia’s strategy to “aggressively suppress” (in practice, eliminate) COVID-19 within its borders has relied heavily on … Read the rest

Border closures, COVID-19 and s 92 of the Constitution – what role for proportionality (if any)?

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.Read the rest

COVID-19 and the Australian Human Rights Acts

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.Read the rest

Are Victoria’s Safe-Access Zones Safe from the Constitution?

BY JULIAN O’DONNELL

In August 2016, anti-abortion activist and mother of thirteen Kathleen Clubb approached a couple entering an abortion clinic in East Melbourne. She spoke to the couple and handed them a pamphlet, which they declined. A Magistrate would … Read the rest

The trajectory of structured proportionality in implied freedom of political communication cases: Brown v Tasmania

  BY SHIPRA CHORDIA

On 18 October, the High Court handed down its judgment in Brown v Tasmania [2017] HCA 43.  The plaintiffs – Dr Bob Brown and Ms Jessica Hoyt – successfully argued that certain provisions of the Workplaces Read the rest

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

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