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TAG: federalism

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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University of Adelaide Academics defend constitutionality of same-sex marriage before the Senate

 On Friday, 4 May 2012, Professor John Williams and Gabrielle Appleby from the Adelaide Law School appeared before the Senate’s Legal and Constitutional Affairs Committee to give evidence in support of the submission made by a number of University of Adelaide scholars. The full submission, and a brief overview of it, is available here. On […]

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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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University of Adelaide scholars support marriage equality

The Senate Legal and Constitutional Affairs Committee is currently undertaking an investigation into the Marriage Equality Amendment Bill 2010. The Bill aims to create marriage equality for people regardless of their sex, sexual orientation or gender identity by amending the definition of ‘marriage’ in the Marriage Act 1961. In the House of Representatives, there is […]

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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 […]

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Could we have a Truly FEDERAL High Court?

Associate Professor John Gava takes us again into the debate on High Court appointments. His suggestion? Federalize the High Court! John argues that such a move would have an important symbolic effect, and potentionally practical effects that may manifest in the High Court’s reasoning. His comments are particularly timely as the Commonwealth Attorney-General, Nicola Roxon, […]

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The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives

The recent Cambridge University Press publication, The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives, showcases the work of two of the University of Adelaide Law School’s public law scholars. Gabrielle Appleby is a co-editor of the volume, with Professor Nicholas Aroney (University of Queensland) and Thomas John (Commonwealth Attorney-General’s Department). Gabrielle co-authored a chapter, […]

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Welcome to the Public Law Research Community

Research and scholarship in public law is a fundamental facet of healthy, democratic government. A defining feature of public law is the conflict between many of its foundational values. Here in Australia we expect the government to be powerful enough to intervene and facilitate ‘the good life’ for all members of our community, and yet […]

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