Chapter 15 the Return of the Repressed
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The Executive Power Ofthe Commonwealth: Its Scope and Limits
DEPARTMENT OF THE PARLIAMENTARY LIBRARY Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Research Paper No. 28 1995-96 ~ J. :tJ. /"7-t ., ..... ;'. --rr:-~l. fii _ -!":u... .. ..r:-::-:_-J-:---~~~-:' :-]~llii iiim;r~.? -:;qI~Z'~i1:'l ISBN 1321-1579 © Copyright Commonwealth ofAustralia 1996 Except to the extent of the uses pennitted under the Copyright Act J968, no part of this publication may be reproduced or transmitted in any fonn or by any means including infonnation storage and retrieval systems, without the prior written consent of the Department of the Parliamentary Library, other than by Senators and Members ofthe Australian Parliament in the course oftheir official duties. This paper has been prepared for general distribution to Senators and Members ofthe Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using infonnation publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Parliamentary Research Service (PRS). Readers are reminded that the paper is not an official parliamentary or Australian government document. PRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members ofthe public. Published by the Department ofthe Parliamentary Library, 1996 Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Dr Max Spry Law and Public Administration Group 20 May 1996 Research Paper No. 28 1995-96 Acknowledgments This is to acknowledge the help given by Bob Bennett, the Director of the Law and Public Administration Group. -
World Bar Conference
World Bar Conference War is not the answer: The ever present threat to the rule of law Friday 5 th September 2014 1 By Julie Ward ‘In all countries and in all ages, it has often been found necessary to suspend or modify temporarily constitutional practices, and to commit extraordinary powers to persons in authority in the supreme ordeal and grave peril of national war...’ 2 The last time that Australia declared war on another nation was during WWII. We have been fortunate not to have had a recent history of having to defend our territory against attacks by foreign powers. In 21 st century Australia, the only threat of violence on a scale comparable to wartime hostilities is that posed by international terrorism. War has not, therefore, been seen as “the answer” to anything in my country in my lifetime. I propose to approach the question of threats to the rule of law that arise in the context of war by reference to the proposition, implicitly acknowledged by Higgins J in the High Court of Australia in Lloyd v Wallach, handed down at the height of WWI, that extraordinary 1 Judge of Appeal, NSW Supreme Court. I wish to acknowledge the diligent research and invaluable assistance provided by Ms Jessica Natoli, the Court of Appeal researcher, in the preparation of this paper, and to my tipstaff, Ms Kate Ottrey , and the Chief Justice’s research director, Mr Haydn Flack, for their insights on this topic. My gratitude also to Ms Kate Eastman SC for her incisive comments on a draft of this paper. -
The Common Law, Contemporary Values and Sophocles' Antigone
The common law, contemporary values and Sophocles' Antigone Robert French Oration Hellenic Australian Lawyers' Association (WA Chapter) The Honourable Justice Peter Quinlan Chief Justice of Western Australia 31 October 2019 2 It is a great honour to be asked to deliver this year's Robert French Oration to the WA Chapter of the Hellenic Australian Lawyers Association. May I begin by acknowledging the Whadjuk people of the Noongyar nation, the traditional owners of the land on which we gather tonight, and pay my respects to their Elders past, present and emerging. The importance of such an acknowledgement at the commencement of the Robert French Oration will be obvious to anyone with even a passing knowledge of the contribution made by the Hon Robert French AC to the law in Australia over a legal and judicial career spanning almost 50 years. As the twelfth Chief Justice of Australia, Robert French was the first Western Australian to hold that office, the highest judicial office in this country. It is fitting, then, that the Robert French Oration should be hosted by the Western Australian branch of the Hellenic Australian Lawyers Association. Any attempt to summarise or encapsulate a career as diverse, and a contribution as significant, as that of Robert French to the law and the administration of justice would, of course, fall well short of the mark. I do not propose to make such an attempt this evening. It will, I hope, suffice for me to acknowledge Robert French's conspicuous service to the people of Australia over so many decades, including over 30 years as a judge. -
Australian Law Conference
>'-1 ·~·1;': ...::.,1·.. ', .. 't··'··lj.·' ! i ·'.c<'""r;,., ...•-F"I"R:=.s-'-'r--""=~===""""''''''=''''-====~'- ':':C-~-~;~E:~~RA; . :A-;:-~-i'?~:t9 a~ II I. I I I : I I I i I , ; ,~ > • FIRST CANADA-AUSTRALASIAN LAW CONFERENCE CANBERRA APRIL 1988 f I It is timely to note an important law conference which took place in Canberra, Australia in April 1988. The First Canada-Australasia Law Conference was held at the Australian National University in that city. organised by the Canadian , Institute for Advanced Legal Studies, the convenors of the conference were Chief Justice Nathan Nemetz of British Columbia and Justice Michael Kirby, President of the New South Wales I The conference attracted a number of leading Court of Appeal. 1 judges and practitioners from Canada, Australia, New Zealand I and the Pacific region. It was opened on 5 April 1988 by the Governor General of Australia (Sir Ninian Stephen). During the 1 conference, the Governor General hosted a dinner at Government House, Canberra, which was attended uniquely by all of the Chief Justices of Australia, who were meeting in Canberra at I the same time, all of the Chief Justices of the Superior Courtscourts f of Canada (except for the supreme court of ontario), the Chief Justices of New Zealand and Singapore and other distinguished guests. I In his opening remarks to the conference, the Chief f Justice of Canada (the Rt Han RGR G Brian Dickson PC) spoke of the need to further the links between Australian and Canadian - 1 - \ I jurisprudence. The same theme was echoed by the Chief Justice of the High Court of Australia (Sir Anthony Mason). -