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Monthly Archives: March 2012

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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The Sky is Falling if Judges Decide Religious Controversies! — Or is it? The German Experience of Religious Freedom Under a Bill of Rights

In a new publication Cornelia Koch challenges the view often put forward by opponents of Bills of Rights that morally and politically controversial questions are for the elected Parliament alone and are not suitable for determination by courts. She bases her challenge on an examination of two of the most controversial cases ever decided by […]

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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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Upcoming High Court Appointments: Looking Outside the Square with Professor John Williams

Yesterday on the ABC’s The World Today, Professor John Williams, Dean of the Law School, discussed ‘looking outisde the square’ when it came to the High Court appointments. The Attorney-General, Nicola Roxon, must make recommendations on the appointment of two judges to replacing the retiring Justice Gummow (who retires this year), and Justice Heydon (who retires next year). […]

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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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South Australia and New South Wales React to High Court Rulings on Bikies

In 2010 and 2011, the High Court dealt the governments of South Australia and New South Wales severe blows against their wars on organised crime when their respective ‘Bikie Bills’ were found, in part or in whole, unconstitutional. Gabrielle Appleby traces the history of the State Bikie Bills to their current iterations which were introduced  […]

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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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