by RuleofLawInstitutePerson | Sep 30, 2016 | All Posts
The Institute’s staff keep a digest of interesting things they read about legal topics. The articles selected are aimed to assist teachers and students to keep informed about a range of legal issues in Australia and internationally. See the latest from the...
by RuleofLawInstitutePerson | Sep 30, 2016 | All Posts
Tomorrow is the 70th anniversary of judgment being handed down in the main Nuremberg trial, the trial of high-ranking alleged German war criminals, as well as seven organisations, by the International Military Tribunal. This trial was only one of many war crimes...
by RuleofLawInstitutePerson | Sep 28, 2016 | All Posts
In the seventh post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Laura Hugh looks back on the Truman Proclamation and its impact on the law of the sea. 71 years ago today, Harry Truman made the United...
by RuleofLawInstitutePerson | Sep 23, 2016 | All Posts, ICAC
The President of the Rule of Law Institute, Robin Speed, has been an active participant in the NSW Parliamentary Committee Inquiry into ICAC and the ICAC Inspector’s report to the Premier earlier this year, drawing the committee’s attention to the case of...
by RuleofLawInstitutePerson | Sep 16, 2016 | All Posts
The Queensland Government has recently tabled its proposed amendments to the organised crime scheme set up by the previous Newman Government. The amendments, laid out in the Serious and Organised Crime Legislation Amendment Bill 2016, fundamentally re-shape the...
by RuleofLawInstitutePerson | Sep 15, 2016 | All Posts
A couple of weeks ago, the High Court handed down its judgment in NH v Director of Public Prosecutions [2016] HCA 33. The case concerned four defendants in South Australia who were accused of murder. After a trial before a judge and jury, they were acquitted of...
by RuleofLawInstitutePerson | Sep 12, 2016 | All Posts, Case Notes, Constitution, Education
Case Note: Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 The High Court’s judgment in the landmark case of Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 marked an important extension of a particularly Australian concept of the...
by RuleofLawInstitutePerson | Sep 2, 2016 | All Posts, Don't search
The Principle of Legality Twelve years ago today, the High Court handed down its decision in Electrolux Home Products Pty Ltd v Australian Workers’ Union, now remembered for Chief Justice Gleeson’s seminal discussion of the principle of legality. The principle of...
by RuleofLawInstitutePerson | Aug 31, 2016 | All Posts
In the sixth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Marina Kofman looks at the IBA’s latest program on judicial corruption. The judiciary plays a fundamental role in safeguarding the rule...
by RuleofLawInstitutePerson | Aug 29, 2016 | All Posts
In the fifth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Louisa Spiteri examines the ICC’s sentencing of a Congolese warlord. A crucial element of fairness in the criminal justice system is...
by RuleofLawInstitutePerson | Aug 23, 2016 | All Posts
Today, the Rule of Law Institute attended a roundtable hosted by the NSW Department of Justice, to discuss the state’s high risk offender post-sentence supervision and detention regime. The roundtable included representatives from Legal Aid NSW, the Aboriginal...
by RuleofLawInstitutePerson | Aug 12, 2016 | All Posts
In the fourth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Robert Size examines Muhammad Ali’s brush with the rule of law. A key principle of the rule of law is that ‘the law is applied equally...
by RuleofLawInstitutePerson | Aug 9, 2016 | All Posts
Today marks the forty-fifth anniversary of Operation Demetrius, where the British Army conducted dawn raids across Northern Ireland, leading to the arrest and imprisonment without trial of 342 suspected members of the Irish Republican Army. Unsurprisingly, the raids...
by RuleofLawInstitutePerson | Aug 5, 2016 | All Posts
This article by Robin Speed, President of the Rule of Law Institute of Australia, appeared in The Australian on 05/08/2016. Former NSW Independent Commission Against Corruption commissioner David Ipp, in his response to the review of that agency by its independent...
by RuleofLawInstitutePerson | Aug 4, 2016 | All Posts
The recent Four Corners story on youth detention in the Northern Territory has sparked interest in and concern about the issue. This media mash-up will review relevant legislation and media articles about youth detention around Australia. The issue of youth detention...
by RuleofLawInstitutePerson | Aug 1, 2016 | All Posts
In the third post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Joshua Wood examines the Indian annexation of Goa in 1961. The annexation of Goa On 17-18 December 1961, after many years of diplomatic...
by RuleofLawInstitutePerson | Jul 27, 2016 | All Posts
In the second post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Halyna Danylak examines the rule of law implications of the Brexit referendum. Brexit and the rule of law On 23 June 2016, the people of the...
by RuleofLawInstitutePerson | Jul 22, 2016 | All Posts
Last week, the Queensland Parliament’s Legal Affairs and Community Safety Committee tabled its report on some proposed amendments to Queensland terrorism legislation. The Committee was tasked with reviewing the Counter-Terrorism and Other Legislation Amendment...
by RuleofLawInstitutePerson | Jul 18, 2016 | All Posts
Adrian Bayley, the Victorian serial offender who plead guilty in 2013 of journalist Jill Meagher’s rape and murder, had another rape conviction overturned by the Victorian Court of Appeal last week. However, his legal team was working for free, because Victorian...
by RuleofLawInstitutePerson | Jul 13, 2016 | All Posts
Yesterday, a Dutch arbitral tribunal issued its final award in the long-running legal battle between the Philippines and China over territorial claims in the South China Sea. The five-member tribunal, organised by the Permanent Court of Arbitration in The Hague,...
