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Category Archives: General
The Liberal Party’s Vision for 2030: Can it Be Achieved without Northern Australia becoming a Guest-Worker Ghetto?
In early February the Liberal Party released a discussion paper ‘Vision 2030’ floating the idea of tax incentives to lure workers to northern Australia. In this blog post Dr Joanna Howe investigates the migration and labour law challenges associated with this proposal. Whilst the Liberal Party discussion paper primarily canvasses the idea of tax incentives [...]
Posted in General Tagged 457 visas, guest-worker, labour law, low-skilled workers, migrant worker, migration act, migration law, northern Australia, semi-skilled workers, worker exploitation Comments closed
Reform of Commonwealth Discrimination Legislation
In April 2010 Attorney-General, Robert McClelland and Minister for Finance and Deregulation, Lindsay Tanner announced the Government’s intention to streamline federal anti-discrimination legislation by replacing the five existing Commonwealth anti-discrimination laws with a new consolidated Act. The consolidated legislation was intended to remove unnecessary regulatory overlap, address inconsistencies across laws and make the system more [...]
Reconsidering Male Circumcision
Today, Cornelia Koch and Anne Hewitt from the Adelaide Law School will present a public seminar on the regulation of circumcision in Australia and Germany. The discussion is informed by a recent decision of a German Court that the circumcision of a young Muslim boy constituted a criminal offence. The issue involves delicate questions about the right to [...]
Also posted in Constitutional Law, Events Tagged circumcision, freedom of religion, right to bodily integrity Comments closed
Text, Doctrine and Tradition in Law and Religion
The South Australian Chapter of the Australian Association of Constitutional Law (AACL) and the Research Unit for the Study of Society, Law and Religion (RUSSLR) are proud to host TEXT, DOCTRINE AND TRADITION IN LAW AND RELIGION We inhabit different normative universes. We traverse different symbolic worlds. Symbolic worlds help us to orient ourselves within [...]
Also posted in Constitutional Law, Events Tagged common law, law and religion, legal theory, religious discource Comments closed
God Save the QC?
The ‘Queens’land Government has announced that it will abandon the post-nominal ‘SC’ (Senior Counsel) for the State’s most senior barristers and return to ‘the Queen’s Counsel regime’ (see here). In South Australia, the appointment of Queen’s Counsel has not been without controversy. Adam Webster reflects upon some of the controversies surrounding the appointment of Queen’s [...]
Also posted in Constitutional Law, News Tagged Attorney-General, executive, judiciary, monarchy, Queen's Counsel; Senior Counsel; legal profession; republic; Adam Webster; constitutional amendment, referendum, separation of powers Comments closed
Trip to Canberra: Courts Legislation Amendment (Judicial Complaints) Bill 2012 and Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012
Last week, John Williams and Suzanne Le Mire appeared before the Senate Legal and Constitutional Affairs Committee to give evidence in support of the Adelaide Law School’s submission on the Courts Legislation Amendment (Judicial Complaints) Bill 2012 and Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012. Suzanne explains the submission, and what happened at the [...]
Also posted in Constitutional Law, News, Uncategorized Tagged Chapter III, constitutional law, federal court, High Court, incapacity, John Williams, judges, judicial conduct, judicial independence, judicial misbehaviour, legal ethics, public admonishment, removal, section 72, Suzanne Le Mire Comments closed
Australian Human Rights Commissioner Highlights Serious Concerns in Australia’s Performance
On Monday morning (7 May 2012) Cathy Branson QC, the President of the Australian Human Rights Commission, gave a guest lecture to the Human Rights Law students at the Adelaide Law School. Cathy began by explaining the constitutional position and international classification of the Commission – while technically it is part of the Executive, it [...]
Posted in General Tagged Abby Hamdan, anti-discrimination, ASIO, asylum seekers, Australian Human Rights Commission, Cathy Branson QC, Claire O'Connor, Dr Laura Grenfell, human rights, immigration detention, indefinite detention, Kath McEvoy, Khatija Thomas, Martin Hinton QC, Professor Ivan Shearer, refugees, Robin Layton QC, UN Human Rights Council Comments closed
What is meant by the terms Public and Private law?
Associate Professor John Gava queries the dichotomy of public and private law. How does it complicate, or limit, our thinking about the law? What does it achieve? Nothing in this comment is motivated by a desire to change anything or respond to anything or to critique anything. I’m simply curious about something that has puzzled me since I’ve arrived [...]
Also posted in Uncategorized Tagged common law, constitution, contract law, John Gava, judicial reasoning, law and the market, private law, Public Law Comments closed
What makes law ‘public’?