*Please note that the links to the content in this Part will direct you to Westlaw AU.
To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 9171 9769 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).
The latest issue of the Public Law Review (Volume 35 Part 2) contains the following material:
COMMENT – Editor: Dan Meagher
- Sliding Doors: Harvey and the Dual Legal Gateways to Extrinsic Materials – Jacinta Dharmananda
- A “Fresh Bridge”: South Australia’s First Nations Voices – Cornelia Koch, Anna Olijnyk and Madeleine Perrett
- “You’ve Got Mail” – Postal Voting, Political Parties and Reform – Sarah Murray and Narelle Miragliotta
SPEECH
- More than a Rule Book: Identity and the Australian Constitution – Adrienne Stone
Articles
The Nature and Function of the Constitutional Injunction – Aryan Mohseni
The inclusion of the injunction in s 75(v) of the Constitution has been the source of confusion since Federation. What is its purpose, historical basis, and continuing function? What has been its process of development? This article explores these questions by reference to United States authority. It argues that the constitutional injunction is sui generis, and was so conceived in the United States before Australian Federation. To characterise the injunction in s 75(v) as “ordinary”, as was done in Smethurst, overlooks the remarkable practice in America at the time of Federation of recasting the equitable remedy into a device simply to interrogate the legality of official conduct, as well as the imperative, long recognised in America, to make old remedial limitations in Chancery yield to constitutional exigencies.
Laboratory Federalism and Voluntary Assisted Dying in Australia – Julian R Murphy and James Cameron
The story of Australian federalism is commonly told in the language of decline, degeneration and the centralisation of power. This article tells a different story, that of voluntary assisted dying (VAD) legislation in the States and Territories of Australia. The story is important for both theoretical and practical reasons. At a theoretical level, the legislative rollout of VAD illustrates the largely under-appreciated benefits of what has been termed “laboratory federalism” – the process by which individual states experiment with novel policies that otherwise would not achieve support across the country. At a practical level, studying VAD legislation through the lens of laboratory federalism allows us to identify the political and social conditions under which this mode of federalism works best, which has implications for future law reform efforts on contentious issues.
For the PDF version of the table of contents, click here: New Westlaw Australia – PLR Vol 35 No 2 Contents.
Click here to access this Part on New Westlaw AU
For general queries, please contact: [email protected].
