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Category Archives: Uncategorized
Entrenching the Regional Processing Regime
Last week, Associate Professor Alexander Reilly gave evidence at a hearing of the Senate Legal and Constitutional Affairs Committee on the latest amendments to the Migration Act. In this blog, he explains his impression of the Committee’s focus and concerns based on that hearing. Last year, Gabrielle Appleby and Matthew Stubbs and I wrote a [...]
Also posted in Constitutional Law, Research and commentary Tagged immigration, migration act, refugees, unauthorised maritime arrivals Comments closed
Submission on Government’s amendments to Migration Act
In August 2012, the Government commissioned expert panel reported on the politically plagued question of how Australia ought to address the question of asylum seekers who arrive on our shore by boat. (The full report can be accessed here). One of the panel’s recommendations was that Australia adopt a ‘no advantage’ principle – that is, [...]
Also posted in Constitutional Law, Research and commentary Tagged asylum seekers, excised offshore places, migration act, no advantage principle, refugee convention, refugees Comments closed
Section 117 of the Constitution and Discounted Public Transport for Students
One complaint that students studying Australian Constitutional Law will make from time to time is that the subject matter that they are studying rarely has a directly affect on their day-to-day lives (unless they are selling crayfish, constructing dams or committing war crimes). I, of course, reject that proposition and a recent trip to Sydney [...]
Also posted in Constitutional Law, Research and commentary Tagged discrimination, federalism, public transport, residency, Section 117, Street, welfare exception Comments closed
Ritualistic masochism or necessary evil? COAG and Australian federalism
Is COAG suited to cooperative federalism? How would we measure that? Adelaide Law School PhD candidate Mark Bruerton considers these questions. The 24th of July bore witness once again to a governance ritual as old as the Australian nation itself. State and territory leaders met with the Prime Minister for a Council of Australian Government (COAG) meeting [...]
Also posted in Constitutional Law, Research and commentary Tagged COAG, cooperative federalism, Council of Australian Governments, intergovernmental relations, Premiers Conference Comments closed
Integrity in Administrative Decision-making
On Thursday 19 and Friday 20 July 2012, the 2012 National Administrative Law Conference will be held at the National Wine Centre in Adelaide. The theme of the conference is ‘Integrity in Administrative Decision-making’. In 2004 Chief Justice Spigelman delivered the Australian Institute of Administrative Law (AIAL) National Lecture Series about the fourth branch [...]
Also posted in Administrative Law, Events Tagged administrative law, australian institute of administrative law, integrity Comments closed
Remembering Koowarta v Bjelke-Petersen
On 11 May, Alex Reilly participated in a Symposium at the Melbourne Law School to commemorate the 30th anniversary of Koowarta v Bjelke-Petersen (1982) 153 CLR 16. Koowarta was of great significance in relation to the interpretation of the external affairs power. The Commonwealth Aboriginal Land Fund Commission (ALFC) brought a pastoral lease on the [...]
Also posted in Constitutional Law, Events, Research and commentary Tagged Aboriginal Land Fund Commission, Aboriginal People, Aborigines, anti-discrimination, bjelke-petersen, Bligh, external affairs power, High Court, Hilary Charlesworth, human rights, Indigenous, Koowarta, Marcia Langton, Michael Kirby, Queensland, Racial Discrimination Act, Winchinam 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, General, News 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
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 General Tagged common law, constitution, contract law, John Gava, judicial reasoning, law and the market, private law, Public Law Comments closed
The River Murray Dispute
The River Murray Dispute is one that has defined the Australian federation since its inception, although its nature has changed as the River’s use for navigation and trade has receded and its importance as a water source for irrigation and drinking has increased. Nowhere is the dispute felt more strongly than in the downstream State [...]
Also posted in Constitutional Law, Research and commentary Tagged adam webster, andrew inglis clark, federalism, interstate dispute, riparian rights, river murray, South Australia Comments closed
Think Design, Deliver and undertake to stick to it! Planning reform in South Australia