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APR 2016-07 Winter Text FA2.Indd
Printer to adjust spine as necessary Australasian Parliamentary Review Parliamentary Australasian Australasian Parliamentary Review JOURNAL OF THE AUSTRALASIAN STUDY OF PARLIAMENT GROUP Editor Colleen Lewis Modernising parliament for future generations AUTUMN/WINTER 2016 Minority government: a backbench and crossbench perspective Parliamentary committees connecting with the public • VOL 31 NO 1 31 VOL AUTUMN/WINTER 2016 • VOL 31 NO 1 • RRP $A35 AUSTRALASIAN STUDY OF PARLIAMENT GROUP (ASPG) AND THE AUSTRALASIAN PARLIAMENTARY REVIEW (APR) APR is the official journal of ASPG which was formed in 1978 for the purpose of encouraging and stimulating research, writing and teaching about parliamentary institutions in Australia, New Zealand and the South Pacific Membership of the Australasian Study of (see back page for Notes to Contributors to the journal and details of AGPS membership, which includes a subscription to APR). To know more about the ASPG, including its Executive membership and its Chapters, Parliament Group go to www.aspg.org.au Australasian Parliamentary Review Membership Editor: Dr Colleen Lewis, [email protected] The ASPG provides an outstanding opportunity to establish links with others in the parliamentary community. Membership includes: Editorial Board • Subscription to the ASPG Journal Australasian Parliamentary Review; Dr Peter Aimer, University of Auckland Dr Paul Reynolds, Parliament of Queensland • Concessional rates for the ASPG Conference; and Dr David Clune, University of Sydney Kirsten Robinson, Parliament of Western Australia • Participation in local Chapter events. Dr Ken Coghill, Monash University Kevin Rozzoli, University of Sydney Rates for membership Prof. Brian Costar, Swinburne University of Technology Prof. Cheryl Saunders, University of Melbourne Dr Jennifer Curtin, University of Auckland Emeritus Prof. -
Madelaine Sophie Chiam ORCID Identifier: Orcid.Org/0000-0002-1792-765X Submitted in Total Fulfilment of the Requirements Of
INTERNATIONAL LAW IN AUSTRALIAN PUBLIC DEBATE 2003, 1965, 1916 Madelaine Sophie Chiam ORCID Identifier: orcid.org/0000-0002-1792-765X Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy January 2017 Melbourne Law School University of Melbourne ABSTRACT This thesis challenges the view that international law gained a new profile during the 2003 debates over the Iraq War by arguing that the contemporary prominence of international law in public debate is not new. The perception that international law was widely-used in the 2003 public debates, and that it had been relatively absent from public debates before then, has not been the subject of extensive analysis. Scholarship investigating the role of international law in the public debates around the 2003 Iraq War has focussed on the impact of that debate on government decision-making, rather than on the speakers and forms of the debate itself. This thesis takes a different approach by examining both the people who used international legal language in public debate and how they used it through analysis of texts of the debates over Australia’s participation in the 2003 Iraq War, the Vietnam War and the First World War. The thesis argues that there are two primary forms in which speakers have articulated international legal arguments for and against war in public debates: international law as a bundled justification and international law as an autonomous justification. I use the term ‘bundled justifications’ to describe vocabulary that carried a collective of undifferentiated standards, such as those of law, morality, strategy, economics and ethics. -
Free Speech 2014
Free Speech 2014 SYMPOSIUM PAPERS Supporting sponsors Major sponsors The Australian Human Rights Commission encourages the dissemination and exchange of information provided in this publication. All material presented in this publication is provided under Creative Commons Attribution 3.0 Australia, with the exception of: • the Australian Human Rights Commission logo • photographs and images • any content or material provided by third parties. The details of the relevant licence conditions are available on the Creative Commons website, as is the full legal code for the CC BY 3.0 AU licence. Attribution Material obtained from this publication is to be attributed to the Australian Human Rights Commission with the following copyright notice: © Australian Human Rights Commission 2014. ISBN 978-1-921449-66-6 Free Speech 2014 • Symposium Papers Design and layout Dancingirl Designs Electronic format This publication can be found in electronic format on the website of the Australian Human Rights Commission: http://www.humanrights.gov.au/free-speech-2014 SYMPOSIUM PAPERS Australian Human Rights Commission 2014 everyone, everywhere, everyday Contents everyone, everywhere, everyday iii Message from the Commissioner 1 1 Opening session 2 1.1 Emeritus Professor Gillian Triggs 2 Topic: Free speech and human rights in Australia 2 1.2 Tim Wilson 4 Topic: Free speech stocktake 4 1.3 Professor Rosalind Croucher 6 Topic: ALRC Inquiry into Freedoms 6 1.4 Andrew Greste 10 Topic: The human cost of restricting free speech 10 2 Accommodating Rights (Session 1) 13 2.1 Chris Berg 13 Topic: Free speech in a liberal democracy 13 2.2 Dr Roy Baker 15 Topic: Does defamation law deserve ridicule? 15 2.3 Dr Augusto Zimmermann 17 Topic: Why free speech protects the weak, not the strong (and why the government’s backtrack on RDA section 18C compromises our ‘national unity’) 17 2.4 Dr Kesten C. -
'Executive Power' Issue of the UWA Law Review
THE UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW Volume 43(2) March 2018 EXECUTIVE POWER ISSUE Introduction Dr Murray Wesson ............................................................................................................. 1 Executive Power in Australia - Nurtured and Bound in Anxiety The Hon Robert French AC ............................................................................................ 16 The Strange Death of Prerogative in England Thomas Poole .................................................................................................................... 42 Judicial Review of Non-Statutory Executive Action: Australia and the United Kingdom Amanda Sapienza .............................................................................................................. 67 Section 61 of the Commonwealth Constitution and an 'Historical Constitutional Approach': An Excursus on Justice Gageler's Reasoning in the M68 Case Peter Gerangelos ............................................................................................................. 103 Nationhood and Section 61 of the Constitution Dr Peta Stephenson ........................................................................................................ 149 Finding the Streams' True Sources: The Implied Freedom of Political Communication and Executive Power Joshua Forrester, Lorraine Finlay and Augusto Zimmerman .................................. 188 A Comment on How the Implied Freedom of Political Communication Restricts Non-Statutory Executive Power -
Debunking Dreyfus on Free Speech and Freedom
Disclaimer : Nothing in this letter should be construed as threatening nor advocating unlawful acts. Suspects are innocent until the facts against them are proven and convicted in a court of justice. This does not discuss the contents of the current super-injunction. Debunking Dreyfus on Free Speech and Freedom Author: Brendan Jones Brisbane, QLD, Australia E-mail: [email protected] Being an Open Letter to ALP Shadow Attorney-General Mark Dreyfus MP QC regarding his speech to the HRC Free Speech 2014 Symposium Cc: Director-General of Security – ASIO, David Irvine (pp. 62-65) Online at: http://victimsofdsto.com/debunking-drefyus/ Page 1 of 66(218) September 10(11), 2014 NoFibs Journalist: “I’m a strong free speech advocate ... So I’m thrilled that shadow Attorney General Mark Dreyfus QC has taken a stand and wish him success in the long hard climb ahead.” 98 Brendan Jones: “Mr. Dreyfus is no advocate for free speech, but the fact that he has convinced you he is – and in just one short speech – has persuaded me he’s a first class barrister.” 98 Journalist Martin Hirst: “I loved that he rubbed their pretty little noses in it. He made the point strongly that the so-called “marketplace of ideas” is a conservative myth that bears little relation to reality.” 98 133 Brendan Jones: “All Dreyfus did was say he rejected it. He never explained why. Google "Sophistry"” 98 131 US Supreme Court Justice Benjamin Cardozo: ‘Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.’ US Supreme Court Justice Louis Brandeis: “Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. -
Searching for 'The Individual Judge' in the Joint
0 UNSW Law Journal Volume 40(2) 10 ADDRESSING LOSS OF IDENTITY IN THE JOINT JUDGMENT: SEARCHING FOR THE INDIVIDUAL JUDGE IN THE JOINT JUDGMENTS OF THE MASON COURT ANDISHEH PARTOVI, RUSSELL SMYTH, INGRID ZUKERMAN AND JOSEPH VALENTE I INTRODUCTION There has been a spate of recent articles by current, and former, judges in Australia debating the relative merits of joint and separate judgments.1 One of the arguments against joint judgments is that they entail the loss of individual voice and due recognition for the development of the law. As Justice Kiefel puts it: It must be frankly acknowledged that some judges may feel a sense of loss when a judgment they have written is published under the names of all the other judges who have agreed with it, but may not have contributed substantially to it. A judge’s loss of identity as author may be exacerbated on occasions when commentators guess, often wrongly, about authorship. A judge whose judgments are more often than not agreed in by his or her colleagues will not necessarily achieve the recognition or reputation of other judges. This may result in a misconception about influence.2 One imagines that for a judge sitting in a final appeal court who authors a joint judgment, or a substantial component thereof, the sense of loss of due recognition would be felt strongest when: (a) there is a high proportion of joint Research Fellow, Faculty of Information Technology, Monash University. Professor, Department of Economics and Deputy Dean (Academic Resourcing), Monash Business School, Monash University. Professor, Faculty of Information Technology, Monash University Co-Founder and CEO, Ebla <http://www.ebla.com>. -
Australasian Parliamentary Review
Australasian Parliamentary Review JOURNAL OF THE AUSTRALASIAN STUDY OF PARLIAMENT GROUP Editor: Rodney Smith, Professor of Australian Politics, University of Sydney Federalism in Australia Public Engagement and Budgets in Bangladesh Televising Parliament in New Zealand AUTUMN/WINTER 2019 • VOL 34 NO 1 • RRP $A35 AUSTRALASIAN STUDY OF PARLIAMENT GROUP (ASPG) AND THE AUSTRALASIAN PARLIAMENTARY REVIEW (APR) The APR is the official journal of ASPG, which was formed in 1978 for the purpose of encouraging and stimulating research, writing and teaching about parliamentary institutions in Australia, New Zealand and the South Pacific (see back page for Notes to Contributors to the journal and details of AGPS membership, which includes a subscription to APR). To know more about the ASPG, including its Executive membership and its Chapters, go to www.aspg.org.au AUSTRALASIAN PARLIAMENTARY REVIEW Editor: Professor Rodney Smith, University of Sydney. Email: [email protected] EDITORIAL BOARD Dr Peter Aimer, University of Auckland Professor Graeme Orr, University of Queensland Jennifer Aldred, Public and Regulatory Policy Dr Harry Phillips, Parliament Consultant of Western Australia Dr Dr David Clune, University of Sydney Stephen Redenbach, Dr Ken Coghill, Monash University Parliament of Victoria Professor Brian Costar, Swinburne University of Dr Paul Reynolds, Parliament Technology of Queensland Dr Jennifer Curtin, University of Auckland Kirsten Robinson, Parliament Dr Gareth Griffith, NSW Parliamentary Library of Western Australia Professor -
Australasian Parliamentary Review Autumn 2013, Vol. 28, No. 1
Australasian Parliamentary Review Autumn 2013, Vol. 28, No. 1 FROM YOUR EDITOR Jennifer Aldred 1 ARTICLES 3 Race and the Australian Constitution George Williams 4 The dilemmas of drafting a Constitution for a new state Anne Twomey 17 Arm’s length bodies in the Australian Capital Territory — time for review? Roger Wettenhall 25 # Understanding conscience vote decisions: the case of the ACT Peter Balint and Cheryl Moir 43 # Committees in a unicameral parliament: impact of a majority government on the ACT Legislative Assembly committee system Grace Concannon 57 Guarding MPs’ integrity in the UK and Australia David Solomon 71 Unproclaimed legislation — the delegation of legislative power to the executive Alex Stedman 83 # Through the lens of accountability: referral of inquiries by ministers to upper house committees Merrin Thompson 97 # Strengthening parliaments in nascent democracies: the need to prioritize legislative reforms Abel Kinyondo 109 _________________________ # These papers have been double blind reviewed to academic standards. PARLIAMENTARY CHRONICLES 125 Electoral law and the campaign trail Harry Phillips 126 ‘From the Tables’ A round-up of administrative and procedural developments in the Australasian Parliaments — Robyn Smith 130 BOOK REVIEWS 139 Anne Twomey: Reluctant Democrat — Sir William Denison in Australia 1847–1861 140 Mary Crawford: Tales from the Political Trenches 143 David Clune: • Politics, Society, Self & • What is to be Done?: The struggle for the soul of the labour movement 146 Kevin Rozzoli: The Australian Policy Handbook: Fifth Edition 149 © Australasian Study of Parliament Group. Requests for permission to reproduce material from Australasian Parliamentary Review should be directed to the Editor. ISSN 1447-9125 FROM YOUR EDITOR Jennifer Aldred This issue carries three articles on various topics dealing with governance in the Australian Capital Territory (ACT). -
Annual Report 2020
ANNUAL REPORT 2020 ESTABLISHMENT As was noted in previous Annual Reports, the Society has its origins in the Centenary Celebrations of the NSW Bar Association in 2002. The Society is named for Francis Forbes (1784-1841), the first Chief Justice of the Supreme Court of NSW, 1824-1837. He was knighted in 1837. The inaugural meeting of the Council of the Forbes Society was held on Monday 5 August 2002. The 'founding' members of the Society were the inaugural members of its Council and its Honorary Executive Director. The inaugural members of the Council were: . Professor Bruce Kercher of Macquarie University (President); . Justice Keith Mason AC of the NSW Court of Appeal (Senior Vice President); . Wendy Robinson QC of the NSW Bar (Junior Vice President); . Geoff Lindsay S.C. of the NSW Bar (Secretary); . Carol Webster of the NSW Bar (Treasurer); . Michael Sexton, S.C., Solicitor General of NSW; Laurie Glanfield AM, Director General of the NSW Attorney General’s Department; Mark Richardson, Chief Executive of the Law Society of NSW and Stephen Toomey of Toomey Pegg Solicitors (Members). The Honorary Executive Director of the Society is Greg Tolhurst (Executive Director of the NSW Bar Association). The current members of the Council are: . Chief Justice James Allsop AO (President) . Justice Geoff Lindsay (Senior Vice President) . Professor Mark Lunney (Junior Vice President) . Simon Chapple (Secretary) . Carol Webster SC (Treasurer) . Dr Ben Chen, David Miller, Wendy Robinson QC, and Michael Tidball (Members) In accordance with the Society’s constitution all Councillors retire at this Annual General Meeting and are eligible for re-election. -
TABLE of CONTENTS a Delaide L
A A A TABLETABLE OFOF CONTENTSCONTENTS delaide delaide delaide Editorial Note i TDISTINGUISHEDTHHEE 2 2001111 J JOOHHNN B BRRA LECTURESAYY O ORRAATTIIOONN L L L aw aw aw DMarkDaavvidid I LeemingIrrvviinene JudicialFFrreeeeddomom Review a anndd S Seec cofuurr iVice-Regaltityy: :M Maaiinnttaaiinn iDecisions:inngg T Thehe B Baal alSouthannccee 229955 Australia v O’Shea, its Precursors and its Progeny 1 R R R AARRTTIICCLLEESS John V Orth The Strange Career of the Common Law in eview eview eview THETHE UNIVERSITYUNIVERSITY OFOF ADELAIDEADELAIDE JJaammeess A Allalann a anndd NorthTTiimeme a Carolinaanndd C Chhaannc c ee a anndd t thehe P Prreevvaaiilliinngg O Orrtthhooddooxxyy i inn 23 ADELAIDEADELAIDE LAWLAW REVIEWREVIEW AFORENSICAnntthhoonnyy S Seennaan nSCIENCEaayyaakkee SPECIALLLeeggaal lA Accaadde eCOLLECTIONmmiaia H Haappppeenneetthh t too T Thheemm A Alll — — A A S Sttuuddyy ASSOCIATIONASSOCIATION ooff t thehe T Toopp L Laaww J Joouurrnnaallss o off A Auussttrraalliaia a anndd N Neeww Ze Zeaalalanndd 330077 2015 2015 2015 Gary Edmond What Lawyers Should Know About the Forensic ‘Sciences’ 33 LLaauurreennttiaia Mc McKKeessssaarr TThhrreeee C Coonnssttitituuttioionnaal lT Thheemmeess i inn t thhee H Higighh C Coouurrt t J D Heydon Evidenceooff A Auussttrraa loflia:ia: Forensic1 1 S Seepptteemm bScientificbeerr 2 2000088––11 99 J OpinionJuunene 2 20101 0and0 the 334477 Rules for Admissibility 101 TKeelahThhaannuujaja RE Ro oGddr rWilliamsigigoo WhyUUnncco oDon’tnnssccioion natheabblel eGatekeepers D Deemmaannddss U Unn dGuarddeerr O Onn-