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TAG: human rights
Expert Panel Report on Asylum Seekers usurps policy deliberation
In this post, Associate Professor Alexander Reilly explains the most recent report from the Legal and Constitutional Affairs Committee recommending the passing of the the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 (UMA Bill). He argues that it confirms the Expert Panel Report on Asylum Seekers has usurped proper policy deliberation. In late February, […]
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AACL Event: Proportionality in Rights Adjudication: Approaches to Balancing Competing Interests in Australia and Germany
The South Australian Chapter of the Australian Association of Constitutional Law (AACL) is proud to host Proportionality in Rights Adjudication: Approaches to Balancing Competing Interests in Australia and Germany In her judgments and extra curial writings Justice Kiefel has discussed the development of a proportionality test in Australian constitutional law by reference to its origins […]
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Reform of Commonwealth Discrimination Legislation
In April 2010 Attorney-General, Robert McClelland and Minister for Finance and Deregulation, Lindsay Tanner announced the Government’s intention to streamline federal anti-discrimination legislation by replacing the five existing Commonwealth anti-discrimination laws with a new consolidated Act. The consolidated legislation was intended to remove unnecessary regulatory overlap, address inconsistencies across laws and make the system more […]
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Law and the Politics of Realising Human Rights in Developing Countries
On the 31st October 2012 Dr Laura Grenfell and Cornelia Koch presented at an interdisciplinary workshop entitled ‘Law and the Politics of Realising Human Rights in Developing Countries’ run by the University of Adelaide’s Indo-Pacific Governance Research Centre. Further information on the workshop is available here. Cornelia presented on the topic ‘Justiciable Legal Frameworks for […]
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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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Australian Human Rights Commissioner Highlights Serious Concerns in Australia’s Performance
On Monday morning (7 May 2012) Cathy Branson QC, the President of the Australian Human Rights Commission, gave a guest lecture to the Human Rights Law students at the Adelaide Law School. Cathy began by explaining the constitutional position and international classification of the Commission – while technically it is part of the Executive, it […]
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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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