Public Law Review (PLR)
Critical analyses of public law and statutory interpretation
About the Journal
Public Law Review (ISSN: 1034-3024) is an influential and widely cited legal journal. The articles and commentary allow readers to stay on top of public law developments in Australasia and in other parts of the common law world. The subject of public law is broadly conceived, covering all aspects of law and government.
A feature of Public Law Review is the commentary, recent developments and book review sections, bringing to public lawyers in government, private practice and the courts coverage of topical issues and legal literature.
Articles published are critically appraised or reviewed by an academic or professional peer of the author for the purpose of maintaining the standards of the journal.
Cheryl Saunders AO, Founding Director, Centre for Comparative Constitutional Studies, Melbourne Law School, The University of Melbourne
Professor Janet McLean, Associate Dean (Research), Faculty of Law, The University of Auckland
Georgina Clough, Centre for Comparative Constitutional Studies, Melbourne Law School, The University of Melbourne
Professor Dan Meagher, Professor and Chair in Constitutional Law, Deakin Law School
Board of Advisers
Professor Margaret Allars, Australia
Professor Nicholas Aroney, Australia
Professor Mark Aronson, Australia
Professor Hugh Corder, South Africa
Professor Paul Craig, United Kingdom
Professor Michael Crommelin, Australia
Professor Rosalind Dixon, Australia
Professor Richard Ekins, United Kingdom
Professor Mark Elliott, United Kingdom
Professor Simon Evans, Australia
Professor Andrew Geddis, New Zealand
Professor Claudia Geiringer, New Zealand
Professor Philip Joseph, New Zealand
Sir Kenneth Keith, New Zealand
Justice Debbie Mortimer, Australia
Professor Brian Opeskin, Australia
Professor Thomas Poole, United Kingdom
Professor Paul Rishworth, New Zealand
Justice Alan Robertson, Australia
Professor Adrienne Stone, Australia
Professor Anne Twomey, Australia
Professor Jason Varuhas, Australia
Ms Kristen Walker, Australia
Professor Fiona Wheeler, Australia
Professor Hanna Wilberg, New Zealand
Justice Joe Williams, New Zealand
Professor John Williams, Australia
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
Subscribe or Purchase
To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
The latest Part of the Public Law Review includes the following content: Comments: “Brett Cattle: New Limits on Delegated Law-making Powers?” – Janina Boughey; “‘Rights’-based Judicial Review of Secondary Legislation – A New Zealand View of Brett Cattle” – Ross Carter; “Brett Cattle: A New Lease on Life for Misfeasance?” – Ellen Rock; New Zealand’s Legal Response to COVID-19: A Symposium: “Introduction” – Janet McLean; “Law, Luck and Lessons (Un)Learned: New Zealand Emergency Law from Canterbury to COVID-19” – John Hopkins; “Judicial Deference and Emergency Power: A Perspective on Borrowdale v Director- General” – Claudia Geiringer and Andrew Geddis; “Interpreting Pandemic Powers: Qualifications to the Principle of Legality” – Hanna Wilberg; “Government Expression and the COVID-19 Pandemic: Advising, Nudging, Urging, Commanding” – Dean R Knight; the following Articles: “The Court Services Victoria Act 2014 (Vic): Disappointed Expectations?” – Donald Speagle; “Military Intervention in Australian Industrial Action” – Samuel White; “The Principle of Legality and s 32(1) of the Victorian Charter: Is the Latter a Codification of the Former?” – Bruce Chen; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Power(Lessness) of New Zealand’s House of Representatives to Summon The Crown’s Legal Advice” – Graeme Edgeler and Andrew Geddis; “Borrowdale v Director-General of Health: An Unlawful but Justified National Lockdown” – M B Rodriguez Ferrere; “”We are not Epidemiologists”: COVID-19 in the High Court” – Amelia Simpson; the following Articles: “The Evolving Role of History in Constitutional Interpretation” – Stephen Donaghue QC and Thomas Wood; “From Disruption to Deliberation: Improving the Quality and Impact of Community Engagement with Parliamentary Law-making” – Sarah Moulds; “Examining Digital Campaigning Through the Normative Framework Underpinning Election Law – The Rationale and Challenges of Regulation” – Amy Chinnappa; “Empowering Joint Commonwealth – State Royal Commissions through a National Applied Law” – Ben Fraser; Book Reviews: “The Constitution and Government of Australia, 1788 to 1919”, by William Pitt Cobbett and Anne Twomey (eds) – Reviewed by Clare Langford; “The Veiled Sceptre: The Dismissal of Governments”, by Anne Twomey – Reviewed by Bharan Narula; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Determining Membership: Aboriginality and Alienage in the Australian High Court” – Michelle Foster and Kirsty Gover; “Rebuilt on Sand: Canadian Administrative Law after Vavilov” – Léonid Sirota; “The Constitution and Outer Space” – Matthew Stubbs and Joel Lisk; Book Symposium: The Politico-legal Dynamics of Judicial Review: “The Dynamics of Judicial Review” – Cheryl Saunders AO; “Comparing Judicial Review Regimes: A Review Essay on the Politico-legal Dynamics of Judicial Review, by Theunis Roux” – Dr Zim Nwokora; “Ideal Types and the Dynamics of Ideational Change” – Mark Tushnet; “Response to Zim Nwokora and Mark Tushnet” – Theunis Roux; the following Articles: “The “Threshold Question” in Clubb v Edwards: Political Communication, Severance and Practice” – Thomas Wood; “The Japan–Australia Investment Relationship: Treaties Then and Now” – Tania Voon; “Forty Years of Freedom of Information (FOI): Accountability, Policymaking and the National Innovation and Science Agenda” – AJ George, Julie-Anne Tarr and Susan Bird; Book Review: “The Coherence of Statutory Interpretation”, by Jeffrey Barnes (ed) – Reviewed by Jeffrey Goldsworthy AM; and Developments.
The latest Part of the Public Law Review includes the following content:
Editorial; Keynote Lecture: “Engineers: The Drama of Its Day in the Climate of Its Era” – Stephen Gageler AC; Comments: “Has Engineers Passed Its Use-by Date?” – Jeffrey Goldsworthy; “Engineers’ Problematic Comparative Legacy” – William Partlett; “Engineers and Persistent Constitutional Dissent” – Andrew Lynch; the following Articles: “Spence v Queensland and the Federal Balance: How Many Swallows Make a Summer?” – Nicholas Aroney; “The Engineers’ Case and Intergovernmental Immunities: A Century On” – Stephen Donaghue QC and Christine Ernst; “Impairment and Limited State Immunity” – David Tan; “Engineers and Constitution-building” – Cheryl Saunders AO and Michael Crommelin AO; Book Review: “A Tribute to Australia’s Killer of “Living Constitutionalism” and “Common Law Constitutionalism”, by Lisa Burton Crawford, Patrick Emerton and Dale Smith (eds)” – Reviewed by James Allan; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Of Lonely Ghosts: The Primacy of Responsible Government in Comcare v Banerji” – Patrick Graham; “Momentum on Variable Standards of Review in New Zealand” – M B Rodriguez Ferrere; “Launching “Jesting Pilate””; “”Jesting Pilate” Third Edition Launch, Supreme Court of Victoria Law Library, 24 June 2019″ – Michael Crommelin; “”Jesting Pilate” Third Edition Launch, Banco Court, Supreme Court of New South Wales, 31 July 2019″ – Murray Gleeson; the following Articles: “Immaterial Errors, Jurisdictional Errors and the Presumptive Limits of Executive Power” – Lisa Burton Crawford; “Non-Compellable Powers: A Relational Analysis” – Kristen Rundle; “The Development of Native Title: Opening Our Eyes to Shared History” – Justice Michelle Gordon; Book Review: “The Purpose of Administrative Law and the Legitimacy of Administrative Government, by Jerry L Mashaw” – Reviewed by Leighton McDonald; and Developments.
The latest Part of the Public Law Review includes the following content: Editorial; Comments: “Sir Anthony Mason in Hong Kong: A Contribution to Public Law” – Hon William Gummow NPJ; “Senate Committee Report on Parliamentary Scrutiny of Delegated Legislation” – Stephen Argument; “Minister for Immigration and Border Protection v SZMTA  HCA 3” – Loretta Foran; the following Articles: “Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People” – Matthew Stubbs and Adam Webster; “The Injunction in Section 75(v) of the Constitution” – Daniel Reynolds; “The Executive Power to Withdraw from Treaties in Australia” – Luke Chircop and Timothy Higgins; Book Review: “Military Law in Australia, by Robin Creyke, Dale Stephens and Peter Sutherland” – Reviewed by Samuel C Duckett White; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Failing the Civilian Response? Defence Amendment (Call Out of the ADF) Act 2018 (Cth)” – Greg Carne; “Marijuana, Strawberries and Hot Air Balloons: The Expressive Function of Federal Criminal Law” – Julian R Murphy; “Unions NSW v New South Wales (No 2)” – Anne Twomey; the following Articles: “The Amenability of Private School Decisions to Judicial Review” – James J Anson-Holland; “How and When Can a Constitutionally Valid Statute Become Invalid?” – Ben Ye; “Minority Government and the Validity of Standing Order Requirements for Absolute Majority Votes” – Anne Twomey; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Prisoner Voting in New Zealand’s Supreme Court” – Andrew Geddis; “Declarations of Inconsistency Under the New Zealand Bill of Rights Act 1990” – Philip A Joseph; “Breaking the Silence: New Zealand’s Courts and Parliament after Attorney-General v Taylor” – Léonid Sirota; the following Articles: “The Centrality of Jurisdictional Error: Rationale and Consequences” – Lisa Burton Crawford and Janina Boughey; “Popular Sovereignty, ‘the People’ and the Australian Constitution: A Historical Reassessment” – Benjamin B Saunders and Simon P Kennedy; “Res Judicata at the Administrative Appeals Tribunal: Re-opening the Case” – Matthew Paterson; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Imperative of Process in the Australian Republic Debate” – Gabrielle Appleby; “The Legislative Council and Cabinet Documents – A Comment on Egan v Chadwick” – Tom Chisholm; “Forum of Choice? The Legislative Impact of the Parliamentary Joint Committee of Intelligence and Security” – Sarah Moulds; and the following Articles: “Arbitration of Treaty of Waitangi Settlement Cross-Claim Disputes” – Amokura Kawharu; “Anti-democratic Political Parties as a Threat to Democracy: Models of Reaction and the Strategic Democracy” – Antonios Kouroutakis; “‘Silent Members of Society’?: Public Servants and the Freedom of Political Communication in Australia” – Kieran Pender; Book review: “The Constitution of the Environmental Emergency” – reviewed by Benjamin J Richardson; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “‘Unison, the Parole Board and Principle of Legality'” – John Basten; “The Unison Case: A New High-Water Mark” – Richard Rawlings; “Conceptualising the Principle(s) of Legality” – Jason NE Varuhas; the following Articles: “Party-hopping Deja vu: Changing Politics, Changing Law in New Zealand 1999–2018” – Caroline Morris; “Two Reflections on Retrospectivity in Statutory Interpretation” – Dan Meagher; “Rethinking the Henry VIII Clause in New Zealand” – Sean Brennan; Book Review: “Religious Freedom and the Australian Constitution – Origins and Future” reviewed by Mitchell Landrigan; and Developments.