The federal government has to be on the back foot after a Law Reform Commission report identified that It has been the champion of many rights-limiting laws.
Articles on Australian law
Displaying 141 - 160 of 204 articles
How can we judge success in Australia’s crackdown on bikie gang? And what lessons can we take away from this type of law enforcement campaign?
Hockey v Fairfax illustrates that recent legal and technological developments still pose challenges for defamation law, which has not been reformed to keep pace with these changes.
The Australia Border Force Act further entrenches the culture of secrecy around our asylum seeker policy at the cost of open and transparent government. That is something we should be worried about.
The elephant in the room in the just-concluded defamation case between Joe Hockey and Fairfax Media was the actual story being attacked. Media organisations ought to be able to instigate the debate without fear of reprisals by litigious politicians.
Whatever we think of the family of foreign fighter Khaled Sharrouf or their circumstances, they enjoy the right to return on the same footing as every other Australian citizen.
Should the bill be enacted in its current form, Australian citizenship will be able to be stripped from dual nationals by bureaucratic determination for conduct that is defined with reference to the criminal law.
In its rush to deny overseas fighters their Australian citizenship, the government must ensure it doesn’t end up endorsing the very thing it wants to repudiate.
While South Australia’s proposed anti-bikie laws may be constitutional, there are clear reasons why introducing them is at best premature – and at worst a very bad idea.
If Australian officials did pay off people smugglers, has the government effectively joined the people smuggling trade? Has it broken any laws?
Simply having judicial review for the contentious power to strip citizenship from dual nationals suspected of involvement with terrorism – without independent merits review – is far from reasonable.
Most of the government’s discussion paper is devoted to framing citizenship in a way that is conducive to its proposal to strip dual nationals involved in terrorist activities of their citizenship.
The legislative reform required to allow same-sex marriage is not complicated. There is relative consensus as to how this can be achieved.
As opposition leader Bill Shorten prepares to introduce an amendment on Monday to the Marriage Act to legalise same-sex marriage, why has Australia lagged so far behind?
The demand for government-funded legal services is large and growing. Simply “not cutting” these services does the community a grave disservice.
There is a non-binding precedent in Victoria that allows judges to consider the victim’s sexual experience when passing sentence on a sex offender – but only when the “victim is a prostitute”.
It is hard to inquire about a suppression order you do not know exists because discussion of its existence and contents has been suppressed.
Australia’s Constitution contains few constitutional rights or protections, and most of those that do exist are not predicated on citizenship.
ICAC argues that the alleged conduct of Margaret Cunneen and her son amounted to perversion of the course of justice.
Domestic violence has been an agenda item for some time. It is not something that society, nor governments, have recently discovered.
Top contributors
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Associate Professor, Griffith Criminology Institute, Griffith University
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Professor in Human Rights and International Law, University of Newcastle
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Emeritus Professor in Law and Criminal Justice, Adelaide University
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Professor of Law, UNSW Law School, UNSW
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Research Fellow, School of Law, The University of Queensland
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Professor (Practice), Faculty of Business and Economics, Monash University
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Associate Professor in Criminal Justice and Criminology, Bond University
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Associate Professor in Law, Adelaide University
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Associate Professor, Law School, The University of Western Australia
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Professor Emerita in Constitutional Law, University of Sydney
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Associate professor, Adelaide University
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Associate Professor in Law and Public Policy, University of Oxford
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Assistant Professor in Public Law and Human Rights, Durham University
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Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW
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Course Co-ordinator, International Law Clinical Program, ANU College of Law, Australian National University