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 [2019] 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.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Adam Webster, book review, Cheryl Saunders AO, Comments, Dale Stephens, Dan Meagher, Daniel Reynolds, developments, Editorial, Edward Willis, Executive Power to Withdraw from Treaties, fidelity of elected representatives to the people, Hon William Gummow NPJ, Immigration and Border Protection, Injunction in Section 75(v) of the Constitution, Janet McLean, Loretta Foran, Luke Chircop, Matthew Stubbs, Military Law in Australia, Minister for Immigration and Border Protection v SZMTA [2019] HCA 3, Parliamentary Scrutiny of Delegated Legislation, Peter Sutherland, Plaintiff S157/2002 v Commonwealth, PLR, public law, Robin Creyke, Samuel C Duckett White, Sir Anthony Mason, Stephen Argument, SZMTA, Timothy Higgins |
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.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Aboriginal Languages Act 2017 (NSW), Alexander Reilly, ALRC Terms of Reference – Review of the Family Law System (2017), Andrew Geddis, approaches in High Court's interpretation of executive powers, Comments, Dan Meagher, developments, Dual Citizenship, expanding the entrenched minimum provision of judicial review, Gabrielle Appleby, Graham v Minister for Immigration and Border Protection, incorporation of technical standards in legislation, judicial enforcement of New Zealand's Reserved Provisions, KM Hayne, Lisa Burton Crawford, MB Rodriguez Ferrere, Nauru Refugee Tribunal, New Zealand standards of review, non-statutory executive power, parameters of executive discretion in Australian migration legislation, PLR, public interest, recommendation of the Referendum Council, regional processing countries, Same-Sex Marriage Postal Plebiscite, Stephen Argument, SZTAL v Minister for Immigration and Border Protection; SZTGM v Minister for Immigration and Border Protection (2017) 91 ALJR 936, Wolf v Minister of Immigration |
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.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged Anthea Williams, Attorney-General’s Values, Australian Academy of Law (AAL), Benjamin B Saunders, Comments, constitutional founders, Crown, deliberative democracy, developments, international influences, international law claims, Jeremy Gans, Justice Chris Maxwell, Justice Stephen Breyer, Justin Gleeson SC, model litigants, Neomal Silva, New Zealand, Patron’s Lecture, PLR, reasonableness, renvoi, reverse onus provisions, Ron Levy, statements of compatibility, Stephen Argument, subdelegation, Wednesbury unreasonableness |
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.
Posted in Journals, Public Law Review (PLR), Update Summaries | Tagged “One Country, Alan Robertson, Anne Twomey, Basic Law of the Hong Kong Special Administrative Region, Book reviews, Bridget J Crawford, Bruce Chen, Comments, Countering Terrorist Fighters Legislation Bill (NZ), developments, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, Greg Weeks, Hong Kong, House of Commons, John Ip, judicial review, Kathryn M Stanchi, Linda L Berger, National People’s Congress Standing Committee, New Zealand, Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483, PLR, principle of legality, Regency Act 1937 (UK), Rosalind Dixon, Secondary Legislation, Shucheng Wang, Soft Law and Public Authorities: Remedies and Reform, Stephen Argument, Strathclyde Review, theory of mutual deference, Two Systems” |
The latest Part of the Public Law Review includes the following content: Comments: “Delegated legislation not of lesser importance to primary legislation – but is it subject to the same standards of scrutiny?” – Stephen Argument; “Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Cth)” – Helen Irving and Rayner Thwaites; and “Refining the model for constitutional recognition of Aboriginal and Torres Strait Islander Peoples” – Matthew Stubbs; Speech: “ISDS: Litigating the judiciary” – Chief Justice Robert French AC; Articles: “The argument for a constitutional procedure for Parliament to consult with Indigenous peoples when making laws for Indigenous affairs” – Shireen Morris; and “Advice to vice-regal officers by crown law officers and others” – Anne Twomey; Book Review: Constitutionalising Secession by David Haljan – Reviewed by David Taylor; and Developments.
Posted in Public Law Review (PLR), Update Summaries | Tagged Anne Twomey, Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Cth), book review, constitutional procedure, crown law officers, delegated legislation, developments, Helen Irving, Indigenous constitutional recognition, investor-state dispute settlement, Matthew Stubbs, PLR, primary legislation, Rayner Thwaites, Shireen Morris, Stephen Argument, vice-regal officers |
The latest Part of the Public Law Review includes the following articles: “An Australian spectrum of political rights scrutiny: “Continuing to lead by example?”” – Laura Grenfell; and “Resisting the siren song of the Hansen sequence: The state of Supreme Court authority on the sections 5 and 6 conundrum” – Hanna Wilberg; and the following Comments: “The 2014 counter-terrorism reforms in review” – Gabrielle Appleby; and “The use of “legislative rules” in preference to regulations: A “novel” approach?” – Stephen Argument. Also in this Part is an editorial, a book review and a Developments section.
Posted in Public Law Review (PLR), Update Summaries | Tagged Anna Dziedzic, book review, Comments, counter-terrorism reforms, developments, Gabrielle Appleby, Hanna Willberg, Hansen v The Queen, Laura Grenfell, legislative rules, New Zealand Bill of Rights Act 1990, PLR, political rights scrutiny, regulations, Stephen Argument, Stephen Gardbaum, Supreme Court authority |
Public Law Review update: Vol 30 Pt 3
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 [2019] 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.