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The Constitution and the Murray-Darling Basin
In an article published in the October edition of Law Society of South Australia’s Bulletin, Dr Adam Webster explains the way in which the Constitution has shaped water regulation in Australia. Adam also examines the recent decision of the Federal Court involving an unsuccessful constitutional challenge to the Water Act 2007 (Cth) – Lee v […]
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Attitudes to Corruption, Misconduct and Maladministration in South Australia
In 2013, a small project team at the University of Adelaide was requested by the Local Government Association (LGA) of South Australia to conduct research into local government and public attitudes to corruption in the State. The Public Law and Policy Research Unit’s Deputy Director, Dr Gabrielle Appleby, headed the project team. She was joined […]
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The Constitutional Validity of State Chief Justices Acting as Governor
On 1 September 2014, His Excellency Hieu Van Le AO was sworn in as the 35th Governor of South Australia. The new Governor had previously served as Lieutenant-Governor of South Australia since 2007. In anticipation of his Excellency’s swearing in, Professor Brenda Wilson was sworn in as Lieutenant-Governor of South Australia on 15 August 2014. […]
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Judicial Conduct: Crafting a System That Enhances Institutional Integrity
In the current issue of the Melbourne University Law Review (Volume 38(1)), Dr Gabrielle Appleby and Dr Suzanne Le Mire examine the issue of judicial conduct. The following is the abstract of the article: Judges are human. It is their humanity that allows them to pass judgement on the complexities of fact and law in […]
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Apprehended bias and interlocutory judgments
In the current issue of the Sydney Law Review (Volume 35(4)), Anna Olijnyk examines the potential for interlocutory judgments to give rise to an appearance of bias which will disqualify a judge from hearing further matters. The following is the abstract of the article: In 2011, the High Court handed down judgments in two cases […]
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Book Release: Public Sentinels (Ashgate Publishing, 2014)
In February 2014 Public Sentinels: A Comparative Study of Australian Solicitors-General was published by Ashgate Publishing. Public Sentinels is a collection of essays compiled and edited by Dr Gabrielle Appleby and Professor John Williams of the University of Adelaide Law School and Professor Patrick Keyzer of Bond University. Public Sentinels brings together scholarship about top […]
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The Role of Parliament in Constitutional Interpretation
In the forthcoming edition of the Melbourne University Law Review (Volume 37(2)) Dr Gabrielle Appleby and Adam Webster examine the role of Parliament in constitutional interpretation. The following is the abstract of the article: In Australia, the role of interpreting the Constitution is ultimately for the High Court, but some ‘space’ remains for its interpretation […]
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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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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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