The latest Part of the Public Law Review includes the following content: Comments: “Court Fees and Access to Justice in Australia” – Jack Maxwell; “Minister for Home Affairs v Benbrika (2021) 95 ALJR 166;  HCA 4” – Sarah Murray and Tamara Tulich; “Legal Perspectives on Border Closures and Freedom of Movement in Australia’s COVID-19 Response” – Matthew Stubbs; the following Articles: “Legislative Amendment Directed towards a Particular Individual, Company and Dispute: The Separation of Powers and Other Constitutional Issues” – Anthony Gray; “The Duality of Jurisdictional Error: Central (to Justifying Entrenched Judicial Review of Executive Action) and Pivotal (to Review Doctrine)” – Emily Hammond; “The Systemic Nature of Convention and Its Implications for Judicial Enforcement” – Edward Willis; and Developments.
The latest Part of the Public Law Review includes the following content: Comments: “Chetcuti v Commonwealth: Justice Nettle’s Last Words” – Elisa Arcioni; “The Victorian COVID-19 Response: Reflections on Loielo v Giles” – Bruce Chen; “Direct Democracy, Parliament and the Voters: Aotearoa New Zealand’s Twin 2020 Referendums” – Florence Dean; the following Articles: “More Than a Mere Piece of Paper: Citizenship, Character and Allegiance in Australian Law” – Helen Irving; “Frank and Fearless: Public Servants and Political Communication” – Alexander Reilly and Sawinder Singh; “On the Wane? The Principle of Legality in the High Court of Australia” – Dan Meagher; and Developments.
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.
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.
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.