Tag: rule of law

Robo-Debt Illegality: A Failure of Rule of Law Protections?

BY TERRY CARNEY

Robo-debts lack any legal foundation

Nearly two years after social security’s popularly-called ‘robo-debts’ began to be raised without any adequate proofs, Australia’s much vaunted justice machinery has failed to expose the emperor’s lack of (legal) clothes.

The … Read the rest

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

The use (and abuse) of the Constitution in political debate

Appleby UNSW staff photoBY GABRIELLE APPLEBY

This post is the final in a special series providing expert analysis on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Parliamentary Joint Committee on Intelligence and Security is currently conducting an inquiry into Read the rest

Human, All Too Human: Human Fallibility and the Separation of Powers

J Crowe photoBY JONATHAN CROWE

Humans are fallible—and this fallibility is the hardest thing for us to grasp. We have limited knowledge—and the limits of our knowledge routinely prevent us from realising just how much we do not know. Our reasoning processes … Read the rest

New South Wales’ attempts to shore up ICAC findings in doubt

samcdBY STEPHEN MCDONALD

In Independent Commission Against Corruption v Cunneen, the High Court held that the range of matters subject to investigation by the New South Wales Independent Commission Against Corruption was narrower than had previously been assumed to … Read the rest

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