• Professor of Law, UNSW Law School, UNSW
Australia’s current military involvement in the Middle East has not been properly scrutinised by parliament. AAP/Australian Defence

What say do our elected representatives have in going to war?

Across the world, debates have emerged around the extent to which the legislative branch should be involved in – and even have the final say on – authorisation of military deployment.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role. AAP/Renee Nowytarger

Bias and the ‘black‑letter’ judge: who is Dyson Heydon?

How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
The High Court has upheld a NSW Court of Appeal decision that ICAC had no power to investigate Crown prosecutor Margaret Cunneen. AAP/Dan Himbrechts

High Court forces ICAC to drop Cunneen inquiry and review others

The High Court has decided ICAC did not have the power to investigate a NSW Crown prosecutor, so the commission will have to review investigations involving the conduct of private individuals.
The Abbott government’s expedited passage of national security laws in 2014 demonstrated an underlying disrespect for the legislative process. AAP/Nikki Short

‘Good government’ gets lost in the pursuit of national security

Prime Minister Tony Abbott has made two key pledges in recent weeks – to begin “good government” and to no longer give “the benefit of doubt” to people suspected of planning terrorist activities in Australia…
Should Australia’s High Court judges be representative of the community that their rulings affect? Should politics play a part? AAP/Lukas Coch

Appointing Australia’s highest judges deserves proper scrutiny

Late last week, the federal government appointed Geoffrey Nettle, a Victorian Court of Appeal judge, to the High Court to replace retiring justice Susan Crennan. Nettle is an excellent lawyer and his appointment…
The Abbott government’s Emissions Reduction Fund could be vulnerable to a future constitutional challenge in the wake of recent High Court decisions. AAP/Lukas Coch

Explainer: is Direct Action constitutionally valid?

Late last week, the Senate passed the Abbott government’s controversial A$2.5 billion Emissions Reduction Fund, the centrepiece of its Direct Action Plan to combat climate change. Its passage has been…
Andrew Wilkie argues that parliamentary debate and authorisation should be necessary for Australia to go to war. AAP/Gary Schafer

Explainer: Australia’s war powers and the role of parliament

With the announcement of Australia’s involvement in dropping aid to Kurdish fighters engaged against Islamic State extremists in northern Iraq, questions have again arisen about who should control Australia’s…
The High Court has unanimously re-endorsed its decision in a successful 2012 challenge to the government funding the National Schools Chaplaincy Program. AAP/Lukas Coch

Commonwealth left scrambling by school chaplaincy decision

The High Court has again put the future of the federal government’s school chaplaincy program in jeopardy, confirming its 2012 decision that the Commonwealth’s spending programs must be supported by valid…
The High Court has given the Commonwealth two serious warnings that it needs to review its extensive spending program since 2009, but these have gone largely unheard. AAP/Lukas Coch

Commonwealth spending back in the High Court’s sights

This week, the High Court heard Toowoomba man Ron Williams’ second challenge to the constitutionality of the Commonwealth’s funding of the National School Chaplaincy and Student Welfare Program. While…
As attorney-general in the Newman government, Jarrod Bleijie is entitled to defend the state’s bikie laws, but not to deflect responsibility for decisions on to the state’s legal officers. AAP/Dan Peled

Politicising advice: a cautionary tale for all governments

Queensland solicitor-general Walter Sofronoff QC resigned last week. He has now revealed his outrage at the conduct of Queensland attorney-general Jarrod Bleijie. Bleijie has appeared willing to breach…
The voluntary release of the former Rudd government’s cabinet documents in relation to the home insulation scheme risks undermining cabinet confidentiality, and is a dangerous precedent. AAP/Alan Porritt

Cabinet confidentiality: privilege, accountability and public interest

It was revealed last week that prime minister Tony Abbott personally authorised the disclosure of the former Labor government’s cabinet papers in response to a summons by the royal commission into the…
Should it be the role of the Constitution to protect individual rights from being trampled on, such as by Queensland’s newly-introduced anti-bikie legislation? AAP/Dan Peled

Bikies crackdown: did the Constitution fail Queensland?

Last week, Queensland’s state government introduced a number of tough new law and order measures targeting serious sexual offenders and bikies. Under the new laws, bikie gang members in Queensland face…
The military court system in Australia has gone through many ups and downs with more to come. AAP Image/Australian Department of Defence

The new Australian Military Court: a fair go for defence force personnel?

Last week, the Commonwealth Attorney-General Nicola Roxon introduced a bill establishing the Australian Military Court as a constitutional court. If the bill passes, it will bring Australia into line with…
Attorney General Nicola Roxon and Minister for School Education Peter Garrett respond to the Williams High Court decision. AAP Image/Penny Bradfield

The High Court school chaplains case and what it means for Commonwealth funding

Today, the High Court of Australia dramatically altered the previously understood scope of the Commonwealth’s power to spend money and enter into contracts. This decision has immediate repercussions for…

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