This article examines the capacity of the federal Parliament under the Australian Constitution to introduce new forms of media regulation in Australia, especially for print and online media. This question is examined in light of recent proposals for reform put forward by the Finkelstein Inquiry...

The Australian constitutional framework for the protection of human rights is unique among democratic nations. It alone lacks a national Human Rights Act or Bill of Rights. Instead, the framework seeks to improve rights protection by enhancing deliberation within Parliament. To this end, the...

Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon...

Major differences in the application of the public service obligation (PSO) mechanism in air transport across EU member states give rise to questions as to its misuse. Variations in the levels of subsidy awarded per passenger are due in part to the large differences in the maximum fares that...

The management of water in Australia’s rivers has become one of the most urgent public policy problems facing governments at every tier of the Australian federation. This article examines the ways in which water management has been shaped and constrained by the Constitution and, in particular,...

A majority of the High Court in Williams v Commonwealth held that the Commonwealth executive does not have a general power to enter into contracts and spend public money absent statutory authority or some other recognised source of power. This article surveys the Court’s reasoning in reaching...