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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 […]
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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, […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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