Softly, softly goes the Albanese governmentThere is a chasm between the enormity of the challenges bearing down on the Australian economy and the timidity of the unrepentant Albanese…Aug 26, 2023Aug 26, 2023
Luck and John Rawls’ A Theory or JusticeIn the most important philosophical text of the 20th century, John Rawls puts luck at the heart of social justice.Aug 23, 2023Aug 23, 2023
The judiciary and citizens’ assembliesIf legal disputes may be resolved by appeal to contemporary social values, then citizen assemblies — not judges — are the natural body to…Jan 1, 2021Jan 1, 2021
If judges can create law under the common law, then why not under Constitutional law?Creating law under the common lawJan 1, 2021Jan 1, 2021
Is pragmatism in government just ideology in disguise?Singapore is an example of so-called ‘pragmatic government’. It explicitly relies on the concept of pragmatism, emphasising results over…Dec 31, 2020Dec 31, 2020
Australia is the only democracy without a bill of rights — so what?A fact often pointed to in support of adopting an Australian bill of rights — either in statute or constitutionally — is that Australia is…Dec 30, 2020Dec 30, 2020
Judicial review and the democratic trade-offThe issue of whether or not Australia should have a statutory bill of rights is often formulated as a trade-off between increased…Dec 29, 2020Dec 29, 2020
Representative government and citizens’ assembliesCitizens’ assemblies might reflect a more compelling conception of ‘representation’ than traditional electoral politics.Dec 24, 2020Dec 24, 2020
Rejection of a freedom of movement implication risks rendering s 92 fecklessLast week, the High Court ruled in Gerner v Victoria that the Australian Constitution does not protect any freedom of movement within a…Dec 22, 2020Dec 22, 2020
Is a judicial veto on rights desirable?An Australian bill of rights proposal should not give judges — an elite cadre of unelected citizens — the final say on rights issues.Dec 17, 2020Dec 17, 2020
