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.
Laureate Professor Cheryl Saunders, 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 Advisors
Margaret Allars, Australia
Nicholas Aroney, Australia
Mark Aronson, Australia
Hugh Corder, South Africa
Paul Craig, United Kingdom
Michael Crommelin, Australia
Rosalind Dixon, Australia
Richard Ekins, United Kingdom
Mark Elliott, United Kingdom
Simon Evans, Australia
Andrew Geddis, New Zealand
Claudia Geiringer, New Zealand
Philip Joseph, New Zealand
Sir Kenneth Keith, New Zealand
Sir Anthony Mason, Australia
Justice Debbie Mortimer, Australia
Brian Opeskin, Australia
Thomas Poole, United Kingdom
Paul Rishworth, New Zealand
Justice Alan Robertson, Australia
Adrienne Stone, Australia
Anne Twomey, Australia
Kristen Walker, Australia
Fiona Wheeler, Australia
Hanna Wilberg, New Zealand
John Williams, Australia
Elisabeth Zoller, France
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.
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For the individual contents pages for each Part, click here.
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.
The latest Part of the Public Law Review includes the following content: Comments: “The Constitutional Price of Justice” – Matthew Groves and Jill Murray; “State Tribunals, Judicial Power and the Constitution: Some Practical Responses” – Anna Olijnyk and Stephen McDonald; “The French Court and the Kable Doctrine” – Fiona Wheeler; and the following Articles: “Evading Scrutiny: Orders for Papers and Access to Cabinet Information by the New South Wales Legislative Council” – Sharon Ohnesorge and Beverly Duffy; “After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong” – Pok Yin S Chow; “Parliamentary Appointment or Popular Election? Breaking the Impasse on Models for an Australian ‘Westminster Republic'” – Michael Duffy, Steve Perryman and Anthony Cianflone; Book review: “Political Jurisprudence” – reviewed by Edward Willis; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Unfortunate Section Forty-Four” – Tony Blackshield; “Brown v Tasmania: Proportionality and the Reformulation of the Lange Test” – Anne Carter; “Fertilising a Thicket: Section 44, MP Qualifications and the High Court” – Graeme Orr; and the following Articles: “Inadequate Interests: Critiquing the Interest-only Approach to the Threshold Stage of Procedural Fairness” – Elliott Cook; “From NFIB to Williams: A Principled Prohibition on Coercion for Australian Federalism” – Colette Mintz; “The Limits of Constitutional Justice – Murray Wesson”; Book review: “The Law of Deliberative Democracy” – reviewed by Paul Kildea; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Incorporation by Reference of Technical Standards in Legislation: A Developing Issue” – Stephen Argument; “Expanding the Entrenched Minimum Provision of Judicial Review? Graham v Minister for Immigration and Border Protection” – Lisa Burton Crawford; “Judicial Enforcement of New Zealand’s Reserved Provisions” – Andrew Geddis; and the following Articles: “Unveiling the Public Interest: The Parameters of Executive Discretion in Australian Migration Legislation” – Gabrielle Appleby and Alexander Reilly; “An Impasse in New Zealand Administrative Law: How Did We Get Here?” – MB Rodriguez Ferrere; “Non-statutory Executive Power” – KM Hayne; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “As Safe as Houses?: Commonwealth Continuing Detention of High Risk Terrorist Offenders” – Greg Carne; “The ‘Always Speaking’ Principle: Not Always Needed?” – Jacinta Dharmananda; Speech: “Chapter IV: The Inter-State Commission and the Regulation of Trade and Commerce under the Australian Constitution” – Stephen Gageler; and the following Articles: “Inside and Outside Criminal Process: The Comparative Salience of the New Zealand and Victorian Human Rights Charters” – Claudia Geiringer; “Executive Power” – K M Hayne; “Mistakes about Mistake of Fact: The New Zealand Story” – Hanna Wilberg; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Law Officers of the Commonwealth” – Gabrielle Appleby; “Third Party Electioneering on New Zealand’s Broadcast Media” – Andrew Geddis; Speech: “Rights and Freedoms and the Rule of Law” – The Hon Robert French AC; and the following Articles: “Towards Indigenous–Settler Federalism” – Dylan Lino; “The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions” – James Stellios; “Adequacy of Risk Assessment in the Exercise of the Character Cancellation Power under the Migration Act 1958 (Cth)” – Joel Townsend; and Developments.
Nominations are closing soon for the Australian Association of Constitutional Law’s (AACL) Saunders Prize, which will be awarded to the author of an article or note on a subject of constitutional law published in an Australian legal journal in 2016. The prize is named in honour of Laureate Professor Emeritus Cheryl Saunders AO in recognition ...more
The latest Part of the Public Law Review includes the following content: Comments: “The ‘Rule’ Against Subdelegation of Legislative Power: Is it as Relevant in the 21st Century as it was in the 20th?” – Stephen Argument; “Reverse Onus Provisions and Statements of Compatibility in the Courtroom” – Jeremy Gans; “The Statutory Implication of Reasonableness and the Scope of Wednesbury Unreasonableness” – Justice Chris Maxwell; Speech: “The Increasing Internationalisation of Australian Law – Justin Gleeson SC; and the following Articles: “Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value” – Ron Levy, Neomal Silva and Benjamin B Saunders; “Is the Crown Expected to be a Model Litigant in New Zealand?” – Anthea Williams; and Developments.
Thomson Reuters offers its warmest congratulations to the Hon Justice Susan Kiefel AC on her appointment as Chief Justice of the High Court of Australia, and to the Hon Justice James Edelman on his appointment to the Court. Their Honours will begin their terms in the Court’s first sitting of 2017. Both are exceptional appointments. Justice Kiefel’s ...more
The latest Part of the Public Law Review includes the following content: Comments: “Extraordinary Powers without Judicial Oversight: A Separation of Powers Dilemma” – Rebecca Ananian-Welsh; “Constitutional Recognition through a (Justiciable) Duty to Consult? Towards Entrenched and Judicially Enforceable Norms of Indigenous Consultation” – Megan Davis and Rosalind Dixon; “Revisiting the Scope of the Race Power after McCloy” – Harry Hobbs; and the following Articles: “Refining the Australian Counter-terrorism Legislative Framework: How Deliberative Has Parliament Been?” – Dominique Dalla-Pozza; “The Constitutional and Regulatory Dimensions of Plebiscites in Australia” – Paul Kildea; “The Entrenchment of Certiorari and Habeas Corpus: A Reconceptualisation of the Source and Content of Judicial Power” – Ying Hao Li and Kevin Ngo; and Book review: “Damages and Human Rights” – reviewed by Stephen Gageler.