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Author Archives: a1178428
Stop the Chop! Circumcision of Underage Boys Should be Discouraged
The circumcision of young boys is a culturally accepted practice in Australia, although circumcision rates have dropped dramatically since the 1950s. In an Opinion Piece published in the Adelaidean, Adelaide Law School’s Cornelia Koch argues that underage circumcision should be discouraged because it constitutes an infringement of boys’ personal autonomy. In her view, it should [...]
Posted in Human Rights Tagged circumcision, freedom of religion, personal autonomy, right to bodily integrity Leave a comment
Government makes a joke of public consultation and popular sovereignty
On 14 September, Australians will be asked to vote on a change to the Constitution that will allow the Commonwealth government to provide funding directly to local governments, by-passing the States. The proposal has been largely swept under the carpet by the government, who don’t want to talk to the Australian people about it. Adelaide [...]
Posted in Constitutional Law, Research and commentary Tagged constitutional change, Local government, popular sovereignty, public consultation, referendum Comments closed
Is the 457 visa scheme working well?
The Senate Legal and Constiutional Affairs Committee is conducting an inquiry into the framework and operation of subclass 457 visas, Enterprise Migration Agreements and Regional Migration Agreements. Adelaide Law School’s Dr Joanna Howe, Associate Professor Alexander Reilly and Professor Andrew Stewart made a submission to the inquiry, and on Thursday, 23 May, Dr Joanna Howe [...]
Posted in Migration Law Tagged 457 visas, enterprise migration agreements, labour law, migrant labour, migration law, regional migration agreements, skill shortage Comments closed
Panic About the ‘Gay Panic’ Defence – SA Reform to Provocation Proposed
This month, the Greens introduced a Bill into the South Australian Parliament to prohibit the use of the ‘gay panic’ defence in the State. In this post, Adelaide Law School’s Kellie Toole considers the value of the amendment. Picture this: Peter is in a bar enjoying a few drinks. Sally has been watching him from across [...]
Posted in Human Rights Tagged criminal law, gay panic defence, homosexuality, provocation Comments closed
Symposium: Compulsory Voting in Comparative Perspective
The Adelaide Law School is delighted to invite you to attend a symposium on compulsory voting in comparative perspective, presented by its postgraduate Comparative Law class. The symposium addresses the question whether people should be compelled to vote in a democratic system of government. The Australian electoral system is considered by electoral specialists to be [...]
Compulsory Voting and the Constitution
In the last few years, the High Court has constitionalized a number of aspects of our electoral system and franchise. In this post, Associate Professor John Gava looks at the implications this may have for compulsory voting. Let’s conduct a thought experiment. Imagine the Commonwealth Parliament passing a law that takes away the right of [...]
Posted in Constitutional Law, Research and commentary Tagged compulsory voting, electoral laws, secret ballot Comments closed
AACL and AIAL joint seminars on the “Street Preachers Case”
In February 2013 the High Court handed down its decision in Attorney-General (SA) v Corporation of the City of Adelaide (the Street Preachers Case). The AACL and the AIAL are jointly presenting two seminars to explore the administrative and constitutional issues emerging from the decision. Seminar 1: The Scope of Council By-Law Making Powers [...]
Posted in Administrative Law, Constitutional Law, Events, Events Tagged adelaide, by-laws, delegated legislation, freedom of political communication, Local government, rundle st mall, street preachers' case Comments closed
The Commonwealth Moves to Protect Whistleblowers. Or does it?
On 21 March 2013, the Commonwealth government introduced a Bill to broaden the legislative protection of whistleblowers at the Commonwealth level. Dr Gabrielle Appleby, Dr Judith Bannister and Anna Olijnyk have made a submission on the Bill to a Senate Inquiry and explain their concerns with the legislation, below. In Australia, integrity and accountability of [...]
Posted in Administrative Law, Research and commentary Tagged accountability, administrative law, integrity, public interest disclosures, whistleblowers Comments closed
COAG: failing, overburdened and dysfunctional, but the best we have
Is COAG a failing, overburdened, dysfunctional farce? Adelaide Law School PhD Candidate Mark Bruerton explores its purpose and operation in our federation. Last Friday, we witnessed the regular pilgrimage of state and territory leaders to meet with the Prime Minister in the Council of Australian Governments (COAG). This ritual, despite being one which has been [...]
Posted in Constitutional Law, Research and commentary Tagged COAG, cooperative federalism, federalism Comments closed
Commonwealth-State relations heat up over schools