For better or worse, jurisdictional error is a concept that strikes at the heart of Australia’s constitutional system. Its meaning shapes the breadth of the courts’ jurisdiction to engage in judicial review. Though the High Court has recognised the difficulties inherent in distinguishing between jurisdictional...
This article analyses High Court’s decision in Minister for Home Affairs v Benbrika [2021] HCA 4; 388 ALR 1; 95 ALJR 166, particularly the extent to which protective detention mechanisms are responsive to the federal judicial power. Specific focus is paid to the implications of...
Preliminary The writ of habeas corpus functions as a protector of liberty; enabling review by superior courts of the legality of custody or detention. The writ is intended to provide a swift and imperative remedy in all cases of illegal restraint or confinement. Fundamentally, physical...
The decision in Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 concerned an appeal to the Full Federal Court of Australia. The appeal centred upon an issue of statutory interpretation, namely, the construction of s 14 of the Protection of Movable Cultural Heritage...
In an era where the United States Supreme Court’s legitimacy is such that calling it a politically corrupted court is not far fetched. It is worth remembering that one of the most important benches in the world has had sit on it socially progressive and...
