Time to modernise: The future of constitutional review and referendums in Australia
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by AUSPUBLAW
1y 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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Public Law Events Roundup February 2022
AUSPUBLAW
by AUSPUBLAW
1y ago
Welcome to the February edition of the AUSPUBLAW Australian Public Law Events Roundup. We would firstly like to draw your attention to the following opportunity for public law teachers: Public Law in the Classroom Workshop 2022 Gilbert + Tobin Centre of Public Law, University of New South Wales; Public Law and Policy Research Unit, University of Adelaide; Castan Centre for Human Rights Law ..read more
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A principled approach to key reforms of Australia’s administrative review system
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by AUSPUBLAW
1y ago
This is the final in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here. BY GABRIELLE APPLEBY, LYNSEY BLAYDEN, CHANTAL BOSTOCK AND JANINA BOUGHEY In the final post for the Kerr Report ..read more
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Alienage and Citizenship after Chetcuti v Commonwealth
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by AUSPUBLAW
1y 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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An Intangible Way Forward: The Juukan Gorge Inquiry and the Future of First Nations Heritage Law in Australia
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by AUSPUBLAW
1y ago
BY LUCAS LIXINSKI This post is one in a two-part special series looking at the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. See the first post by Hannah McGlade here. These posts also appear on Indigenous Constitutional Law. In ..read more
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Western Australia after the Juukan Gorge Inquiry: Little solace for Aboriginal people
AUSPUBLAW
by AUSPUBLAW
1y ago
BY HANNAH MCGLADE This post is one in a two-part special series looking at the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. See the second post by Lucas Lixinski here. These posts also appear on Indigenous Constitutional Law. The ..read more
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The Australia’s Foreign Relations Act and the international dealings of state and territory governments
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by AUSPUBLAW
1y ago
BY GEORGIE CLOUGH Introduction  On 21 April 2021, the Commonwealth Minister for Foreign Affairs (the Minister) announced the cancellation of two memoranda of understanding between the Victorian state government and the Chinese government with respect to the latter’s Belt and Road Initiative (the Belt and Road agreements). The power to cancel the agreements was conferred on the Minister by the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (Cth) (the Foreign ..read more
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Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?
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by AUSPUBLAW
1y 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
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by AUSPUBLAW
1y 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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Public Law Events Roundup December 2021
AUSPUBLAW
by AUSPUBLAW
1y ago
Welcome to the December edition of the AUSPUBLAW Australian Public Law Events Roundup. We would firstly like to draw your attention to the following opportunity for public law teachers: *** Public Law in the Classroom Workshop 2022 Gilbert + Tobin Centre of Public Law, University of New South Wales; Public Law and Policy Research Unit, University of Adelaide ..read more
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