2007 PUBLIC LAW WEEKEND PROCEEDINGS



12TH ANNUAL PUBLIC LAW WEEKEND
Death of the Rule of Law?
National Museum of Australia, Canberra
9 -10 November 2007


Conference Program
Evaluation Form

Hosted by the Centre for International & Public Law, ANU College of Law, The Australian National University



Papers and Presentations
Photographs


Please note that the papers are posted exactly as they were received. No process of editing or correction has been undertaken. Copyright in all papers resides with the respective authors.

FRIDAY: 9 NOVEMBER 2007

THE RULE OF LAW AND THE EXECUTIVE
CHAIR: PROFESSOR KIM RUBENSTEIN, THE AUSTRALIAN NATIONAL UNIVERSITY
Professor Geoffrey Lindell, University of Adelaide
The Rule of Law and Responsible Government - Vice-regal Representatives and Illegality Handout
Fiona Hanlon, University of Melbourne
The AG - First Law Officer of the Crown, Political Guardian of the Rule of Law, or just another Politician? – An Historical Assessment of the Office in Australia and directions for the future Paper
Associate Professor Anne Twomey, University of Sydney
The Executive - Privilege v Accountability Paper Link

THE RULE OF LAW AND THE COURTS (1)
CHAIR: AMELIA SIMPSON, THE AUSTRALIAN NATIONAL UNIVERSITY
Professor Margaret Thornton, The Australian National University
Deconstructing Justice Dyson Heydon's Model of Judicial Inactivism Paper
Dr Iain Stewart, Macquarie University
'Rule of Law' and 'Legal State': a Time of Reincarnation? Paper

THE RULE OF LAW AND THE COURTS (2)
CHAIR: PROFESSOR PETER CANE, THE AUSTRALIAN NATIONAL UNIVERSITY
Associate Professor Wendy Lacey, University of South Australia
Liberty, Legality and Limited Government: Section 75(v) and the Rule of Law Paper
Professor Timothy Endicott, University of Oxford
The purpose of habeas corpus Handout Link

TENTH ANNUAL GEOFFREY SAWER LECTURE
Professor Michael Taggart, University of Auckland
Australian Exceptionalism in Judicial Review
Flyer Handout Paper Audio MP3

The Geoffrey Sawer Lecture is a stand-alone event that was held in conjunction with the Public Law Weekend for the first time in 2007. The Lecture was open to the public as well as conference participants.


SATURDAY: 10 NOVEMBER 2007

RECENT CASES: SEPARATION OF POWERS
CHAIR: DR FIONA WHEELER, THE AUSTRALIAN NATIONAL UNIVERSITY
Justin Gleeson SC, New South Wales Bar
Thomas v Mowbray [2007] HCA 33 (2 August 2007) Handout Paper
Geoffrey Kennett, New South Wales Bar
White v Director of Military Prosecutions [2007] HCA 29; 235 ALR 455

RECENT CASES: WHO ARE TEH PEOPLE?: THE RIGHT AND VALUE OF THE VOTE
CHAIR: JAMES STELLIOS, THE AUSTRALIAN NATIONAL UNIVERSITY
Ron Merkel QC, Victorian Bar
Roach v Electoral Commissioner & Anor [2007]
Dr Nick Aroney, University of Queensland
Equality of voting power Paper

RECENT CASES: WORKCHOICES
CHAIR: HEATHER ROBERTS, THE AUSTRALIAN NATIONAL UNIVERSITY
Professor Ronald C McCallum AO, University of Sydney
Work Choices and Citizenship at Work
Mark Moshinsky, Victorian Bar
The Federal Balance after Workchoices

THE RULE OF LAW AND DISCRIMINATION
CHAIR: PROFESSOR PETER VETH, THE AUSTRALIAN NATIONAL UNIVERSITY
Jennifer Clarke, The Australian National University
The persistence and vitality of racial inequality before the law in Australia
Libby Bunyan, Native Title Services Victoria and David Yarrow, Monash University
The indeterminacy of connection in native title proceedings: the law of rules Presentation
Dr Kyllie Cripps, University of Melbourne
The NorthernTerritory Interventions

THE RULE OF LAW AND THE MIGRANT
CHAIR: DANIEL STEWART, THE AUSTRALIAN NATIONAL UNIVERSITY
Associate Professor Mary Crock, University of Sydney
The Impact of Migrants on the Development of Public Law in Australia Paper
Matthew Zagor, The Australian National University
Judicial Rhetoric and Constitutional Identity - comparative approaches to aliens rights in the UK and Australia Paper
Peggy Kerdo, Victorian Legal Aid
Cancellations and Domestic Violence: Two aspects of the impact of rule based views of the rule of law


PHOTOGRAPHS