by RuleofLawInstitutePerson | Mar 9, 2016 | All Posts, Case Notes, Constitution
The Communist Party Case The High Court’s decision in Australian Communist Party v Commonwealth (1951) 83 CLR 1 is recognised as one of the Court’s most important decisions, and a resounding reaffirmation of the rule of law, and judicial review of...
by RuleofLawInstitutePerson | Mar 2, 2016 | All Posts, Case Notes, Constitution, Education
Boilermakers Case and the Separation of Powers It is over 60 years since the High Court’s decision in R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254. This decision, handed down on 2 March 1956, was an important statement of the...
by RuleofLawInstitutePerson | May 7, 2014 | All Posts, Case Notes, Commentary, Constitution, Education
Kable’s Case and the Rule of Law The case of Kable raised constitutional questions in which the High Court had to consider whether the Community Protection Act 1994 (NSW) required a court to exercise non-judicial power in breach of the doctrine of separation...
