Tag: separation of powers

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

BY STEPHEN MCDONALD

Introduction

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

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

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

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

The limits of preventive lawmaking

Tulich photoBY TAMARA TULICH

Australia’s recent responses to the threat posed by ‘foreign fighters’ highlights a key issue raised by anti-terror lawmaking since September 11: how far can—and should—Parliament go in legislating to prevent acts of terrorism?

Prevention of terrorism

Prevention … Read the rest

The Citizenship Amendment Bill: Out of the Frying Pan into the Fire

Screen Shot 2015-07-19 at 11.57.42 amBY RAYNER THWAITES AND HELEN IRVING

This post is the first in a special series that will provide expert analysis of the several dimensions of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Parliamentary Joint Committee on 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

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