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
Joshua Quinn-Watson, Centre for Comparative Constitutional Studies, Melbourne Law School, The University of Melbourne
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
Associate Professor Dan Meagher, School of Law, Deakin University
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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: “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.
The latest Part of the Public Law Review includes the following content: Comments: “The Strathclyde Review on Secondary Legislation and the Primacy of the House of Commons: Possible Lessons for Australia” – Stephen Argument; “Plaintiff S99/2016 and the Expansion of the Principle of Legality” – Bruce Chen; and the following Articles: “The Making of New Zealand’s Foreign Fighter Legislation: Timely Response or Undue Haste?” – John Ip; “Regency in the Realms” – Anne Twomey; “Reconciling Hong Kong’s Final Authority on Judicial Review with the Central Authorities in China: A Perspective from ‘One Country, Two Systems'” – Shucheng Wang; Book Reviews: “Feminist Judgments: Rewritten Opinions of the United States Supreme Court” – Rosalind Dixon; “Soft Law and Public Authorities: Remedies and Reform” – Alan Robertson; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Reforming parliamentary privilege in New Zealand” – Debra Angus; “Senate voting rules and the Commonwealth Electoral Amendment Act 2016 (Cth)” – John Pyke; “Crafting a concept of deference for the implied freedom of political communication” – Murray Wesson; a Speech from the 2015 Sir Anthony Mason Lecture: “The use of proportionality in Australian constitutional law” – Hon Sir Anthony Mason AC KBE GBM; and the following Articles: “The Recognise campaign and constitutional relationships between Indigenous peoples and the state” – J L Birrell; “Prorogation: Can it ever be regarded as a reserve power?” – Professor Anne Twomey; Book review: “Public Law in the Age of Statutes: Essays in Honour of Dennis Pearce” – reviewed by the Hon Kenneth Hayne AC QC; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “The Charter’s effect on administrative decision-making” – Janina Boughey; “The jurisdiction of the Independent Commission Against Corruption after High Court challenges and legislative amendment in 2015” – John Emmerig, Michael Legg, Holly Sara and Stephanie Stacey; and the following Articles: “Deliberative processes for administrative regulations: Unenforceable public consultation provisions and the courts” – Andrew Edgar; “Out of step? The New South Wales Parliamentary Evidence Act 1901” – Beverly Duffy and Sharon Ohnesorge; “The taming of the charitable shrew: State roll back of charity tax concessions” – Ian Murray; as well as Developments.
The latest Part of the Public Law Review features a tribute to the work of Justice Kenneth Hayne AC, with selections from a symposium which originated in a session of the 2015 Constitutional Law Conference: “Introductory note – Professor Cheryl Saunders; “Justice Hayne’s contribution to public law: An overview” – Justice Geoffrey Nettle; “Justice Hayne and the constitutional underpinnings of enforcement of the limits on public power” – Stephen Donaghue QC; “Justice Hayne and the implied freedom of political communication: – Kristen Walker QC; and “Justice Hayne’s dissenting judgments” – Frances Gordon. This Part also includes the following content: Comments: “Maori rights: Legal or political?” – Claire Charters; “End-of-life choice in New Zealand’s Parliament and courts” – Andrew Geddis; “What happens in the house, stays in the house” – Robert S Shiels; Case note: “McCloy v New South Wales: Political donations, political communication and the place of proportionality analysis” – Anne Carter; Article: “Constitutional dimensions of State executive power: An analysis of the power to contract and spend” – Selena Bateman; Book Review: “Human Rights Acts: The Mechanisms Compared” – reviewed by Gabriella Raetz and Patrick Keyzer; and Developments.