rule of law
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
Current Issues for the May edition of the Australian Law Journal has a discussion by Justice Kunc about the rule of law in the context of the current public debate about the position of the Commonwealth Attorney-General, and also the need for legislation in regard to coercive or abusive behaviour between intimate partners by Justice Kunc and Eloise Mack.
The first Part for Volume 44 of the Australian Tax Review includes the following articles: “From moral aspiration to rule of law – lessons from the United States in treating taxpayers fairly” – John Bevacqua; “A mandatory information disclosure regime to strengthen Australia’s anti-avoidance income tax rules” – Nicole Wilson-Rogers and Professor Dale Pinto; and “Conceptualising “charity” in State taxation” – GE Dal Pont.
The latest Part of the Environmental and Planning Law Journal includes the following articles: “The rule of law, the public interest and the management of natural resources in Australia” – Douglas E Fisher; “One stop shop for environmental approvals a messy backward step for Australia” – Dr Chris McGrath; “Australian World Heritage in danger” – Simon Marsden; “Protecting third party rights of appeal, protecting the environment: A Tasmanian case study” – Madeleine Figg; “The e-waste dilemma: Are international measures and product stewardship schemes a solution?” – Zada Lipman and Matthew Ind; and “2030 vision: An analysis of proposed structural reforms of the European Union’s Emissions Trading Scheme” – Joshua Prentice.
The latest Part of The Queensland Lawyer publishes the following articles: “Surrogacy – competing interests or a tangled web?” – Philippa Trowse and “The rule of law: Disparate application in disparate societies” – the Honourable Chief Justice Paul de Jersey AC. Also included are the following sections: Administrative Law; Commercial Law; Conveyancing and Property Law; Criminal Law; Health and Guardianship Law; Industrial Law; Tort Law; Book Review; and Report.
The August issue of the Criminal Law Journal includes an interesting mix of articles and sections. The first article comes from John Nicholson SC and examines four assumptions underpinning current sentencing practices and questions their validity. The second article, by Patrick Leader-Elliott, considers a number of questions about the interpretation of the South Australian prescribed non-parole period scheme which have led to conflicting judgments at the appellate level. The final article is by Jonathan Clough and questions when viewing online images constitutes possession, while discussing the nature of possession in the criminal law, and its application to digital images. There is also an Editorial, a Phillips’ Brief and a Digest of Criminal Law Cases.
Part 3 of Volume 86 of the Australian Law Journal includes articles covering such diverse topics as the importance of the rule of law, the statutory elements of the definition of “ship” in the Admiralty Act 1988 and the evolving office of the NSW Attorney General. Also in this Part are a range of section notes including Current issues, Conveyancing and property, Family law, International focus, Recent cases and Book reviews.
By Leighton McDonald. In Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, the High Court held that s 75(v) of the Constitution entrenches a “minimum provision of judicial review” which limits the effectiveness of statutory attempts to impair the judicial review of Commonwealth administrative action and constitutes a “textual reinforcement” of the “rule of law”.