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TAG: High Court

The High Court of Australia and the First World War

The South Australian Chapter of the Australian Association of Constitutional Law, in conjunction with the University of Adelaide’s Public Law and Policy Research Unit, are pleased to invite you to: The High Court of Australia and the First World War The First World War was a defining moment in the history of Australia and also […]

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FTZK v Minister for Immigration and Border Protection: Over-zealous judicial review?

In this post Anna Olijnyk examines the High Court’s recent decision in FTZK v Minister for Immigration and Border Protection.  The case involved judicial review of a migration decision made by the Administrative Appeals Tribunal.  The High Court’s reasoning subjects the decision of an administrative tribunal to a level of scrutiny more commonly applied to […]

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The High Court ends backdoor law making (for now)

In this post Drs Gabrielle Appleby and Joanna Howe explain the importance of two recent High Court decisions – Plaintiff M150/2003 v Minister for Immigration and Border Protection and Plaintiff S297/2013 v Minister for Immigration and Border Protection – dealing with the government’s use of delegated legislative provisions in an attempt to reinstate Temporary Protection […]

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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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‘Not all human beings can be classified by sex as either male or female’: Accuracy trumps institutional convenience.

Post by Dr Laura Grenfell ‘Not all human beings can be classified by sex as either male or female’.  In the twenty-first century this statement regarding gender and sex diversity is hardly ground-breaking.  However, coming from our apex court in Australia, the High Court, it will create ripples in the legal world.  In the past […]

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High Court: Same-sex and Polygamy in. Bestiality out.

In December last year, the High Court of Australia decided that the ACT’s Marriage Equality (Same Sex) Act 2013 was inoperative because it was inconsistent with the federal Marriage Act 1961 (Cth). Key to the Court’s decision was the acceptance by the Court that, if it so chose, the Commonwealth Parliament could make laws providing […]

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Adelaide Scholar Joints Constitutional Roundtable in Canberra

On Thursday, 20 June 2013, the House of Representatives Standing Committee on Social Policy and Legal Affairs held a ‘Constitutional Roundtable’ at Parliament House, Canberra. The Committee was joined by a number of constitutional experts to discuss topical issues in relation to the Constitution and its reform. The Roundtable was open to the public and […]

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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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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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