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 last Part of the Criminal Law Journal for 2012 provides a great mix of articles and sections on a range of topics. An article by Arie Freiberg and Sarah Murray seeks to explain why sentencing laws are so difficult to invalidate under Ch III of the Commonwealth Constitution; Toby Nisbet examines the scope of the provocation defence and consent in Code jurisdictions; and Jane Sanders and Edward Elliott argue against the continues use of affray as a prosecutorial tool against otherwise minor antisocial behaviour. There is also a sentencing review (2011-2012) from Kate Warner, a Digest of Criminal Law Cases and a Phillips’ Brief. Not to be missed!