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Papers from the 2006 Constitutional Law Conference
A number of papers from the conference, held in February 2006, are available online. They include: • Alex Reilly, Macquarie University – Appropriations and Expenditures: Where do the Limits Lie? Combet v Commonwealth • David Bennett QC, Solicitor-General of the Commonwealth – The High Court on Constitutional Law: The 2005 Term • Dr Andrew Lynch...
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Does the High Court disagree more often in constitutional cases?
Andrew Lynch tests the assumption that constitutional cases generally produce a heightened level of disagreement among members of the High Court. He finds that although the court decides a higher percentage of constitutional cases over dissenting opinions than it does overall, there is not enough evidence to confirm that the Justices simply disagree per se...
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The High Court without McHugh - how might it look?
With the upcoming retirement of Justice Michael McHugh from the High Court, Andrew Lynch discusses his contribution, looks at how his absence will be felt and comments on the future of the bench. This article was written before the federal government appointed Justice Susan Crennan to the High Court
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Recognition of Aboriginal and Torres Strait Islander rights
In this paper Megan Davis draws on the objectives of one of the four National Strategies in the Roadmap for Reconciliation, 'Recognising Aboriginal and Torres Strait Islander Rights'. She provides an overview of the framework of human rights, relevant to Aboriginal and Torres Strait Islanders rights: universal human rights, Indigenous-specific rights and domestic legal protections.
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Bills of responsibilities: is one needed to counter the 'excesses' of the ACT Human Rights Act 2004?
In June 2004 the Liberal Party's Bill Stefaniak introduced the Charter of Responsibilities Bill into the ACT Legislative Assembly. With its Bill of Rights, the ACT set an Australian first, and with the Bill of Responsibilities it sets another: this is the first such bill debated in an Australian parliament, if not in any parliament...