{"id":3503,"date":"2012-04-03T15:29:28","date_gmt":"2012-04-03T05:29:28","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=3503"},"modified":"2012-04-03T15:29:28","modified_gmt":"2012-04-03T05:29:28","slug":"australian-law-journal-update-march-2012","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2012\/04\/03\/australian-law-journal-update-march-2012\/","title":{"rendered":"Australian Law Journal update: March 2012"},"content":{"rendered":"

The latest issue of the\u00c2\u00a0Australian Law Journal<\/em> (Volume\u00c2\u00a086 Part 3) contains the following material:<\/p>\n

Articles<\/h3>\n

The enduring importance of the rule of law in times of change<\/em><\/strong><\/a> \u00e2\u20ac\u201c<\/strong> <\/em>Hon Justice Brian J Preston <\/em><\/p>\n

In light of examples of government action to circumvent compliance with environmental and planning laws, by executive fiat or legislative amendment, this article takes a timely look at the enduring importance of the rule of law. Formulations of the rule of law fall into formal and substantive versions. Formal versions include: rule by law, formal legality and legality with democracy. In its most formal sense (rule by law), the rule of law involves two components: the government must abide by currently valid law and the government may only change law within the legal constraints of the law making power. The formal legality conception goes further and recognises that, in order for the rule of law to be realised, the law must conform to certain standards, including certainty and predictability; there must be adequate machinery to enforce the law, including an independent and impartial judiciary; and there must be congruence between action and the law. Formal legality and democracy further prescribes the democratic procedure by which the content of the law is determined. Substantive formulations of the rule of law incorporate the formal requirements of formal versions of the rule of law but add requirements about the content of the law. These include human rights. Substantive formulations are more controversial. The article concludes that, despite its elusive meaning, the rule of law serves as an anchor in the swirling currents of change.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Arresting a \u00e2\u20ac\u0153ship\u00e2\u20ac\u009d: Boats, bunkers and barometers<\/a> \u00e2\u20ac\u201c<\/em><\/strong> <\/strong>Matthew N C Harvey <\/strong><\/p>\n

What is a ship? What property on board is part of a ship? These questions are critical, when an in rem proceeding is commenced against a ship. Frequently, little attention is paid to these questions; however, whether a vessel is a ship, whether it is used in navigation, and whether it navigates waters have been vexing questions, producing different answers. This article examines the statutory elements of the definition of \u00e2\u20ac\u0153ship\u00e2\u20ac\u009d in the Admiralty Act 1988 (Cth) and the differing judicial interpretations given to them.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

The evolving office of the New South Wales Attorney General<\/em><\/strong><\/a> \u00e2\u20ac\u201c <\/strong>John Hatzistergos <\/strong><\/p>\n

The office of the Attorney General of New South Wales is one of the oldest offices in the State. However, sitting at the junction of law and politics has its challenges. The distinct responsibilities which attach to the office set it apart from other ministries and give rise to certain expectations of its holders. In this article, the recently retired Attorney General, John Hatzistergos, traces the evolving nature of the office and recounts his own personal reflections and experience.<\/p>\n

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Sections<\/h3>\n

CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Mr Justice P W Young AO <\/strong><\/p>\n