*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? – Claire Charters
- End-of-life choice in New Zealand’s Parliament and courts – Andrew Geddis
- “What happens in the house, stays in the house†– Robert S Shiels
- McCloy v New South Wales: Political donations, political communication and the place of proportionality analysis – Anne Carter
Article
Constitutional dimensions of State executive power: An analysis of the power to contract and spend – Selena Bateman
This article examines the power of Australian State Executives to contract and spend in light of the High Court’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 Court’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.
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TRIBUTE TO JUSTICE KENNETH HAYNE AC
Introductory note – Cheryl Saunders
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Justice Hayne’s contribution to public law: An overview – Justice Geoffrey Nettle
To speak of Justice Kenneth Hayne’s contribution to public law is a large undertaking. While the other contributors to this symposium discuss a particular area of his Honour’s work, this article attempts to sketch the broad spread of his Honour’s contribution to the area.
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Justice Hayne and the constitutional underpinnings of enforcement of the limits on public power – 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.
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Justice Hayne and the implied freedom of political communication – Kristen Walker QC
This article focuses on one aspect of Justice Hayne’s extensive contribution to public law: his Honour’s contribution to the jurisprudence on the implied freedom of political communication.
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Justice Hayne’s dissenting judgments – Frances Gordon
This article explores Justice Hayne’s contribution to public law through an analysis of his Honour’s dissenting judgments in that field, and suggests that a common thread in those judgments is a concern with unbounded power.
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- Human Rights Acts: The Mechanisms Compared – reviewed by Gabriella Raetz and Patrick Keyzer
For the PDFÂ version of the table of contents, click here: PLR Vol 26 No 4 Contents.
