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TAG: national school chaplaincy program
Williams v Commonwealth (No 2): A discussion of the implications for federal spending and legislative power
Last week the Public Law and Policy Research Unit met to discuss the High Court’s decision in Williams v Commonwealth (No 2). PLPRU members Dr Gabrielle Appleby and Anna Olijnyk led a discussion of the different aspects of the decision, considering its consequences for federal spending and the breadth of the Commowealth Parliament’s corporations and […]
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Chaplains in Schools: The Constitutional Showdown Continues
In this blog post Dr Gabrielle Appleby and Mr Adam Webster explain the constitutional defiance that has characterised the federal government’s pursuit of the National School Chaplaincy Program even where its foundations have appeared highly dubious from a constitutional standpoint (leaving to one side the policy behind the program). This constitutional defiance looks set to […]
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Commonwealth left scrambling by school chaplaincy decision
In this post Adelaide Law School’s Gabrielle Appleby explains the High Court’s decision in Williams v Commonwealth [2014] HCA 23 (19 June 2014) and the need for an immediate response from the Commonwealth. This article was originally published on The Conversation. The High Court has again put the future of the federal government’s school chaplaincy […]
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The Role of Parliament in Constitutional Interpretation
In the forthcoming edition of the Melbourne University Law Review (Volume 37(2)) Dr Gabrielle Appleby and Adam Webster examine the role of Parliament in constitutional interpretation. The following is the abstract of the article: In Australia, the role of interpreting the Constitution is ultimately for the High Court, but some ‘space’ remains for its interpretation […]
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Should we rush in on constitutional recognition of local government?
The constitutional recognition of local government in Australia has been on the political agenda for decades. Dr Gabrielle Appleby explores the latest proposals on this subject. In January this year, a joint parliamentary committee made a recommendation in a preliminary report that the ability of the Commonwealth to grant financial assistance to local government be constitutionally […]
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The High Court’s New Spectacles: Re-envisioning Executive Power after Williams v Commonwealth
On 25 July 2012, Gabrielle Appleby of the Adelaide Law School, Mike Wait from the South Australian Crown Solicitor’s Office and Stephen McDonald of the South Australian Bar presented a seminar on the recent decision in Williams v Commonwealth for the Australian Association of Constitutional Law. Below is an edited version of Gabrielle’s paper. Stephen’s […]
Upcoming event on the Commonwealth’s spending power from the Australian Association of Constitutional Law
The South Australian Chapter of the Australian Association of Constitutional Law is proud to host The High Court’s New Spectacles: Re-envisioning executive power after Williams v Commonwealth On 20 June 2012, the High Court changed our understanding of the nature of the Commonwealth’s executive power. With some exceptions, the Commonwealth may not enter into contracts […]
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The High Court school chaplains case and what it means for Commonwealth funding
On 20 June 2012, the High Court struck down the National School Chaplaincy Program. The Adelaide Law School’s Gabrielle Appleby published the following piece on The Conversation. Today, the High Court of Australia dramatically altered the previously understood scope of the Commonwealth’s power to spend money and enter into contracts. This decision has immediate repercussions […]
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The States and the MRRT: Putting Short-term Politics before Long-term Strategy?
So Fortescue Metals is threatening a constitutional challenge against the Mineral Resource Rent Tax, passed by the Parliament in late March. This is unsurprising: Andrew Forrest has been vocally opposed to the deal negotiated between Prime Minister Gillard and the big mining companies from its inception. And why shouldn’t it? Fortescue Metals has nothing to […]
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