The first Part of Vol 23 of the Public Law Review includes articles on tribunal rule-making, terrorism threat assessments and the appointment of the first Australian-born Governor-General. Also in this Part are two Comments on the vote to keep proportional representation in New Zealand and judicial review with relation to the Victorian Charter. There is also a Developments section.
Who is sovereign now? The Momcilovic Court hands back power over human rights that Parliament intended it to have
By Julie Debeljak* The decision of R v Momcilovic concerned the rights-compatibility of a reverse legal burden of proof under drug control legislation. The Victorian Court of Appeal held that the reverse onus provision was an unjustified limit on the right to the presumption of innocence under s 25(1) of the Charter of Human Rights ...more