High court review 2005: The manifestation of separation of powers in Australia
In 2005 questions were raised in public debate regarding the scope, meaning and manifestation of the constitutional separation of powers and the role of the High Court in interpreting these. In particular, the issue of the efficacy of checks and balances within the system of government against potential abuses of executive powers was raised, due to the dominance of the legislature by the executive for the first time in 24 years. This Review argues that while the High Court staunchly defended its independence and the role of the judiciary in a division of powers, it demonstrated a simultaneous reluctance to curb executive powers. This has implications for the manifestation of separation of powers in the Australian context, both in terms of its philosophical foundations and in so far as it signals a trend away from the likely realisation of public expectations of its role as expressed in appeals made to it.
High Court Review 2004: Limits on the Judicial Protection of Rights
The High Court's role of judicial review has often been examined for its impact on rights protection, an area of particular interest in Australia due to the historical lack of an explicit bill of rights in either statutory or constitutional form. In 2004 rights issues were presented in particularly stark relief in several key cases, demonstrating the difficulties of the role of judicial review in the Australian constitutional framework. The cases analysed here produce compelling evidence of the limitations of relying on judicial review for rights protection within the Australian system of government. They demonstrate that in the absence of a clearer framework for the protection of rights the judiciary can uphold unambiguous decisions of the legislature enshrined in statute, even where and when those provisions are considered to override the rule of law, international standards and human rights principles.
Human rights in Australian law : principles, practice, and potential
The legal dimension of human rights D Kinley The role of the judiciary in the development of human rights in Australian law Sir Anthony Mason Constitutional law and human rights S Gageler and A Glass Administrative law and human rights J McMillan and N Williams Indigenous Australian peoples and human rights J Neilson and G Martin Criminal law and human rights S Bronitt and M Ayres Immigration law and human rights M Crock and P Mathews Family law and human rights J Behrens and P Tahmindjis Labour law and human rights T MacDermott Environmental law and human rights N Brunton Information technology law and human rights C Arup and G Tucker Health law and human rights I Freckelton and B Loff Anti-discrimination laws in Australia P Bailey and A Devereux Using human rights laws in litigation K Eastman and C Ronalds Human rights research and electronic resources M Bliss and S Roushan Table of Statutes/ Table of Cases/ Index