*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Public Law Review (Volume 26 Part 4) contains the following material:
- Maori rights: Legal or political? â€“ Claire Charters
- End-of-life choice in New Zealandâ€™s Parliament and courts â€“ Andrew Geddis
- â€œWhat happens in the house, stays in the houseâ€ â€“ Robert S Shiels
- McCloy v New South Wales: Political donations, political communication and the place of proportionality analysis â€“ Anne Carter
This article examines the power of Australian State Executives to contract and spend in light of the High Courtâ€™s decision in Williams v Commonwealth. After first examining the key cases, which have developed the executive contracting power of the States, the article looks closely at the Courtâ€™s reasoning in Williams and argues, from a doctrinal perspective, that the decision has a significant impact on State executive power. The article then argues that the Williams decision, in regards to the Commonwealth executive power, better fulfils the principles of responsible and representative government in the Australian constitutional system and a case is made for applying a similar limitation on State government contracting.
TRIBUTE TO JUSTICE KENNETH HAYNE AC
Introductory note â€“ Cheryl Saunders
Justice Hayneâ€™s contribution to public law: An overview â€“ Justice Geoffrey Nettle
To speak of Justice Kenneth Hayneâ€™s contribution to public law is a large undertaking. While the other contributors to this symposium discuss a particular area of his Honourâ€™s work, this article attempts to sketch the broad spread of his Honourâ€™s contribution to the area.
Justice Hayne and the constitutional underpinnings of enforcement of the limits on public power â€“ Stephen Donaghue QC
This article traces the growth of the concept of jurisdictional error and its entrenchment as a limit on Commonwealth and State power. The article also offers some musings about the role Justice Hayne has played in that process.
Justice Hayne and the implied freedom of political communication â€“ Kristen Walker QC
This article focuses on one aspect of Justice Hayneâ€™s extensive contribution to public law: his Honourâ€™s contribution to the jurisprudence on the implied freedom of political communication.
Justice Hayneâ€™s dissenting judgments â€“ Frances Gordon
This article explores Justice Hayneâ€™s contribution to public law through an analysis of his Honourâ€™s dissenting judgments in that field, and suggests that a common thread in those judgments is a concern with unbounded power.
- Human Rights Acts: The Mechanisms Compared â€“ reviewed by Gabriella Raetz and Patrick Keyzer
For the PDFÂ version of the table of contents, click here: PLR Vol 26 No 4 Contents.