The Hon William Gummow AC

When the Judiciary Committee of the 1891 National Australasian Convention, under the Chairmanship of Andrew Inglis Clark, prepared its report (which is reproduced in Judicial Federalism in Australia: History, Theory, Doctrine and Practice at pp 208 to 210), there were in operation in what today could be identified …

Brendan Lim

History, theory, doctrine and practice. The subtitle of this splendid new book by Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, Judicial Federalism in Australia: History, Theory, Doctrine and Practice (Federation Press, 2021), reminds us of the many different resources on which we can draw in …

Sarah Murray

Appleby, Olijnyk, Stellios and Williams’ book, Judicial Federalism in Australia – History, Theory, Doctrine and Practice (2021, Federation Press), is nothing short of a constitutional law aficionado’s delight – unravelling the mysteries and twists and turns of Kable through the combined expertise of the authors and the historical, doctrinal …

Erin F. Delaney

If, as A.V. Dicey once wrote, ‘federalism means legalism,’ it is particularly surprising that studies of federalism so often overlook a federal system’s judicial architecture and its operation. Exploring the ‘predominance of the judiciary in the constitution’ often begins and ends with analysis of …

Gabrielle Appleby, Anna Olijnyk, James Stellios & John Williams

This book is the result of years of collective and collaborative thinking around Chapter III of the Australian Constitution, and, to use Professor Sarah Murray’s phrase, the ‘unique form of Australian judicial federalism’ that it reflects today. We are delighted to see the book launched …

Kieran Pender

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with us publicly and in open view,’ the Irishman …

Tristan Taylor

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The principle established in that decision, has undergone significant development since. As it stands today, the principle will …