Report
The High Court on constitutional law: the 2013 statistics
Introduction: This article presents statistical information about the High Court’s decision making for 2013 at both an institutional and individual level, with an emphasis on constitutional cases as a subset of the total. The results have been compiled using the same methodology employed in studies of earlier years. Likewise, we maintain our customary advice to...
Journal article
Thomas v Mowbray: Australia's "war on terror" reaches the High Court
The High Court of Australia’s 2007 decision that interim control orders were not unconstitutional in Thomas v Mowbray is important in two distinct senses.
Article
A different approach to a charter of rights
The most important feature of a charter is a provision requiring the courts to interpret legislation in a manner consistent with the charter’s recognition of rights wherever possible, writes Andrew Lynch.
Article
Learning from Haneef
ON 22 September last year, in a sunny room in the Sydney Convention Centre overlooking Darling Harbour, the official inquiry into what has become known as the Haneef Affair held its only major public proceeding. This “community forum” owed its existence to a commitment given by the attorney-general, Robert McClelland, when he announced the inquiry...
Article
Shaky foundations
The deficiencies of our anti-terrorism laws have already been spelt out, writes Andrew Lynch. Now the government needs to act.