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Monthly Archives: July 2012

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 […]

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‘Bis hierher sollst du kommen und nicht weiter’ – The German Constitutional Court and the Boundaries of the European Integration Process

In a recent publication Cornelia Koch discusses the future of the European integration process in light of a landmark case handed down by the German Constitutional Court in 2009. This case has the potential to influence the future of EU integration for decades. It concerned the compatibility of the EU’s Treaty of Lisbon with the […]

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Can Chapter III cope with Mega-Litigation?

Chapter III of the Constitution is not usually noted for its ability to adapt to the changing demands of modern society.  How, then, does Chapter III deal with the increasingly common phenomenon of ‘mega-litigation’? This post by PhD candidate Anna Olijnyk is based on a paper presented at the 2012 Gilbert + Tobin Postgraduate Workshop. […]

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Citizens United and the Crisis of Democracy

In 2010 the US Supreme Court in Citizens United v Federal Election Commission held restrictions on campaign financing by corporations and other entities were unconstitutional under the First Amendment free speech guarantees. It is a decision that Dr Peter Burdon argues has deepened the crisis of democracy in the United States.  In 1975 the Trilateral […]

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Can the High Court Save the Murray River?

John Williams and Adam Webster examine the question that all South Australians would like answered – can the High Court save the Murray River? On 28 May 2012, Premier Jay Weatherill described the Murray Darling Basin Authority’s Revised Basin Plan as ‘unacceptable’ and argued that ‘it does not return enough water to provide for a […]

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