Time to modernise: The future of constitutional review and referendums in Australia
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
BY PAUL KILDEA On 20 December 2021, the House of Representatives Standing Committee on Social Policy and Legal Affairs completed its inquiry into constitutional reform and referendums and published an anticipated Report. The Report makes 10 recommendations aimed at enhancing public awareness and understanding of the Australian Constitution, strengthening mechanisms for constitutional review, and improving ..read more
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Alienage and Citizenship after Chetcuti v Commonwealth
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
BY GUY BALDWIN Since the shift in focus for supporting Commonwealth migration legislation from the ‘immigration’ power under s 51(xxvii) of the Constitution to the ‘aliens’ power under s 51(xix) in the 1980s, there has been a great deal of litigation before the High Court about the scope of s 51(xix). Perhaps the most influential ..read more
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Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
BY JONATHAN BONNITCHA This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here. The High Court’s decisions in Mineralogy v WA and Palmer v WA end the dispute between Mineralogy/Clive Palmer and the Western Australian government as a matter of Australian law. It is ..read more
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Manner and form mysteries highlighted but unresolved in Mineralogy v WA
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
BY ANNE TWOMEY This is the first of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Jonathan Bonnitcha’s accompanying post is here. One of the difficulties in understanding and applying manner and form constraints on state legislative power is that there is little jurisprudence on the subject and what exists ..read more
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Book forum on Appleby, Olijnyk, Stellios and Williams Judicial Federalism in Australia
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
AUSPUBLAW is pleased to publish this book forum as a companion to the launch of Gabrielle Appleby, Anna Olinjyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice (Federation Press, 2021), which was hosted online by the Gilbert + Tobin Centre of Public Law at UNSW Law & Justice on ..read more
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Judicial Federalism in Australia book forum: The Hon William Gummow AC
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
Professor Gummow provides the first set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, click here. Click through for posts by Dr Brendan Lim, Professor Sarah Murray, and Professor Erin Delaney ..read more
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Judicial Federalism in Australia book forum: Brendan Lim
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
Dr Brendan Lim provides the second set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, click here. Click through for posts by the Hon William Gummow AC, Professor Sarah Murray, and ..read more
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Judicial Federalism in Australia book forum: Sarah Murray – Stay[ing] out of the twilight’: Judicial Federalism in Australia: History, Theory, Doctrine and Practice
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
Professor Sarah Murray provides the third set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, click here. Click through for posts by the Hon William Gummow AC, Dr Brendan Lim and ..read more
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Judicial federalism in Australia book forum: Erin Delaney – Kable, federalism, and political constitutionalism
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
Professor Erin Delaney provides the final set of remarks in this special forum which accompanies the launch of: Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, click here. Click through for posts by the Hon William Gummow AC, Dr Brendan Lim, and ..read more
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Judicial Federalism in Australia book forum: Authors’ Response
AUS PUB LAW | Constitutional Law Blog
by AUSPUBLAW
2y ago
Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, respond to reflections by the Hon William Gummow AC, Dr Brendan Lim, Professor Sarah Murray and Professor Erin Delaney, on their book Judicial Federalism in Australia: History, Theory, Doctrine and Practice. To see all posts, click here. BY GABRIELLE APPLEBY, ANNA OLIJNYK, JAMES STELLIOS AND JOHN ..read more
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