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.
This COVID-19 special issue of the Journal of Law and Medicine includes the following articles: “Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)” – Danuta Mendelson, Michael Keane, Mirko Bagaric and Cameron Graydon; “Compassion, Law and COVID-19” – Nigel Stobbs, Belinda Bennett and Ian Freckelton QC; “Violation Liability in the Context of the Spread of COVID-19: Russian Experience” – Svetlana I Pospelova, Yulia V Pavlova, Natalia A Kamenskaya and Sergey V Pospelov; “International Access to Public Health Data: An Important Brazilian Legal Precedent” – Ian Freckelton QC and Vera Lúcia Raposo; “Access to Health and Medical Research: Lessons from the COVID-19 Pandemic” – Faith O Aboyeji; “Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions?” – Donna Cooper and Philippa Trowse; “Regulation of the Abortion Drug RU 486: The Collision of Politics, Ethics and Morals in Australia” – Nicola Bodor; “Vox populi, vox Dei? Previewing New Zealand’s Public Decision on Assisted Dying” – Jessica Young and Andrew Geddis; “Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives” – Jodhi Rutherford; “Legal Liability Arising from the Use of “Agent Orange” in the Kimberley: Registration of 2,4,5-T and 2,4-D in Australia” – Amne Alrifai; “Support Systems for Medical Decision-Making: Considerations for Japan” – Yoshihiko Iijima; “Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration” – Martin Allcock; “Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol” – Casey Marnie, Micah DJ Peters, Deborah Forsythe, Kate Kennedy, Greg Sharplin, Marion Eckert, Mary Chiarella and Rachael Vernon; “Infanticide and Infanticide Statutes in Australia and New Zealand” – Russ Scott; and “Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture?” – Tony Brown.
Also in this Part are the following sections: Editorial: “Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research” – Ian Freckelton QC; Legal Issues: “COVID-19: Criminal Law, Public Assemblies and Human Rights Litigation” – Ian Freckelton QC; Medical Issues: “COVID-19 and Forensic Medical Practice” – David Ranson; Nursing and Midwifery Issues: “How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women’s Reproductive Rights” – Hannah G Dahlen, Bashi Kumar-Hazard and Mary Chiarella; Genomic Law Issues: “Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic” – Dianne Nicol, Don Chalmers, Christine Critchley, Lisa Eckstein, Jane Nielsen and Margaret Otlowski; Health Law Reporter: “Suicide-related Materials and Voluntary Assisted Dying” – Cameron Stewart, Ian Kerridge, Camille La Brooy and Paul Komesaroff; Family and Children’s Health Law Issues: “COVID-19 and Family Law Decision-Making” – Ian Freckelton QC; Obituary: Colin Tatz (1934–2019); Richard Tracey (1948–2019); and Book Review: “The Sealed Box of Suicide: The Contexts of Self-Death”.
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 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: “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.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medically assisted suicide: Recent jurisprudence and the challenges for law reform” – Ian Freckelton QC; Legal Issues: “Mental health legislation (civil) in Australia and China: A comparative perspective” – Danuta Mendelson and Nuannuan Lin; Medical Issues: “Family violence and clinical forensic medicine – The forgotten service?” – David Ranson, Angela Williams, Barbara Thorne and Jennifer Ryan; Bioethical Issues: “Justice, restoration and redress: Error, no-fault and tort-based systems” – Georgina Richardson and Grant Gillett; Nursing Issues: “Nurse-to-patient and midwife-to-patient ratios” – Kim Forrester; and Medical Law Reporter: “NuCoal Resources Ltd v New South Wales: The mining industry and potential health impacts of investor-state dispute settlement in Australia” – Thomas Faunce and Shaneel Parikh. Also in this Part are the following articles: “Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” – Ian Freckelton QC and Simon McGregor; “How should Australia respond to media-publicised developments on euthanasia in Belgium?” – Neera Bhatia, Ben White and Luc Deliens; “Aid in dying in New Zealand: Recent legal developments” – Andrew Geddis and Colin Gavaghan; “End-of-life decision-making in a health services setting: An access to justice lens” – Katherine Curnow; “Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions” – Nola M Ries; “Does Australia need compulsory immunisation?’ – Wendy Jane Nixson; “Discharge against medical advice” – Audrey Laur; “The role of photographic and video documentation in the investigation and prosecution of child sexual assault” – Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson; “Consent to innovative treatment: No need for a new legal test” – Bernadette Richards and Katrina Hutchison; and “Rethinking the “harmonisation” of international trade and public health” – Ania Lang. There is also a review of the book “Do No Harm: Stories of Life, Death and Brain Surgery” by Henry Marsh – reviewed by Ian Freckelton QC.
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.
The latest Part of PLR includes the following Comments: “Future challenges on the path to constitutional recognition of Indigenous peoples” – Megan Davis; “Dedicated Indigenous representation in New Zealand’s Parliament” – Andrew Geddis; the following Speech: “The changing character of judicial review in Australia: The legacy of Marbury v Madison?” – Ronald Sackville AO QC; and the following articles: “The Constitution and its common law background” – Jeffrey Goldsworthy; and “Dual federal and State judicial appointments: An Australian impossibility?” – Sarah Murray. There is also a book review and a developments section.
The latest Part of PLR includes the following articles: “A power “singular and eccentrical”: Royal commissions and executive power after Williams” – Nicholas Aroney; “Rethinking unreasonableness review” – Leighton McDonald; “Accountability of the judiciary” – Hon Justice McGrath; and the following Comments: “Drafting a replacement for the races power in the Australian Constitution” – Rosalind Dixon and George Williams; “New Zealand’s Parliamentary Privilege Bill: The empire finally strikes back” – Andrew Geddis; “Fortescue Metals Group Ltd v Commonwealth: Discrimination and fiscal federalism” – Amelia Simpson. There is also a Developments section.
The latest Part of the Public Law Review includes the following articles: “Habeas Corpus in New Zealand: Procedure and Constitution” – Richard Berkeley; “What future for Australia’s control order regime?” – Lisa Burton and George Williams; and “Judicial review of public consultation processes: A safeguard against tokenism?” – Andrew Edgar. Also in this Part are the following Comments: “Marriage equality in New Zealand” – Andrew Geddis; “The insecurity of fairness in security cases” – Matthew Groves; and “House of Representatives retains its control over Money Bills despite minority government” – Robert McClelland.