Tag: rule of law (page 1 of 2)

Legislative morass and the rule of law: a warning, and some possible solutions

BY WILLIAM ISDALE AND CHRISTOPHER ASH

Introduction

Today, legislation is the predominant source of law. Its voluminous production is a central feature of our governance, and shows no signs of slowing. “[E]very day”, Waldron writes, “another demand emerges for … Read the rest

How should a court respond to an immaterial error of law?

BY LISA BURTON CRAWFORD

In the recent case of ABT17 v Minister for Immigration and Border Protection, the High Court unanimously held that a decision of the Immigration Assessment Authority (‘IAA’) to refuse a protection visa to the applicant … Read the rest

Clive Palmer takes a sovereign risk challenging the authority of WA Parliament

BY NATALIE BROWN

This is the second post AUSPUBLAW is publishing on the Palmer Act. The first post provides an overview of the legislation and its background.

 On 13 August 2020, the Western Australian Parliament amended the Mineralogy State AgreementRead the rest

The Palmer Act

BY NICK SEDDON

This post introduces a very strange story. It is about the Western Australian government’s legislative attempt to shut down Mr Clive Palmer’s arbitration claims to an estimated $30 billion, an amount that is about equal to the … Read the rest

Queensland Public Health Laws and COVID-19: A Challenge to the Rule of Law?

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

Accountability, discretion and the rule of law: Issues in pandemic policing

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

Government Under Law: Smethurst v Commissioner of Police

BY JEFF GORDON

Is it consistent with the rule of law that a grave overstep of government power is merely paid for when it can be easily reversed? In Smethurst v Commissioner of Police [2020] HCA 14, the High Court … Read the rest

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

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