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Young Lawyers on the Rule of Law

We are pleased to publish  Young Lawyers and the Rule of Law, a joint initiative of the Rule of Law Institute of Australia and the NSW Young Lawyers International Law Committee. We hope that this publication promotes a broader understanding of the intersection of...

What is customary international law?

In the first post of 2017 in our ongoing collaboration with New South Wales Young Lawyers’ International Law Committee, Joshua Wood explores the intricacies of international customary law and the rule of law. ‘The most difficult thing about international...
The International Bill of Rights

The International Bill of Rights

Today marks the 50th anniversary of the adoption of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). Together with the Universal Declaration of Human Rights and the two...
Courts and the Future of the Rule of Law

The Federal Court

Today marks the 40th anniversary of the Federal Court of Australia Act 1976 (Cth) receiving Royal Assent. Australia now has a flourishing and robust federal judiciary, but it was not always the case. Prior to the creation of the Federal Court, there were only three...
Courts and the Future of the Rule of Law

Sir Alan Taylor

Today would have been former High Court Justice Sir Alan Taylor’s 115th birthday. Taylor was born in Newcastle, the fifth son of Walter, a customs officer born in England, and Lilias, born in Australia. The family moved to Sydney when Alan was about ten. He...
Courts and the Future of the Rule of Law

The Rule of Reason and the Rule of Law

  In a recent speech, Chief Justice French stated that ‘[r]easonableness in the exercise of official power may be regarded as an aspect of the rule of law.’ The Chief Justice was referring to the presumption that statutory power must be exercised reasonably. If...
The ICC and challenges to international rule of law

Summary and indictable offences

The NSW Government is currently in the process of trying to alleviate the substantial workload of the NSW District Court. One of the mechanisms through which the government proposes to do this is by introducing the option of summary proceedings for four indictable...
Deaf jurors and discrimination, Part 2

Deaf jurors and discrimination, Part 2

Earlier this year, the Institute noted the upcoming High Court appeal of a deaf woman from Queensland who had been excluded from jury service by the registrar of Ipswich Courthouse. The High Court has now published its judgment in that matter. Gaye Lyons took the...

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