This article was the Kirby lecture presented in March 2009 at the Southern Cross University in Sydney, Australia. Adrien Wing's keynote speech was in support of Australian retired Justice Michael Kirby's legacy that national courts can and should gain strength from international law. The author...

Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...

It is often difficult, if not impossible, to have judicial decisions enforced in Indonesia. This article discusses the legal loopholes within Indonesian law, used by some parties to avoid complying with a judicial decision unfavourable to them. In particular, surat sakti (magic memos) - letters...

The proper position of Islam within the Indonesian state, and within the Indonesian legal system, are matters of significant debate in Indonesia. This article considers the Indonesian state's attempts to regulate Islamic law on polygamy and mixed marriages, and to reform Indonesia's Islamic...

It is accepted that a breach of an international investment agreement does not necessarily constitute a breach or violation of an investment treaty or international law norm applicable between an international investor and a host state. It is common that the adjudication of breaches of these...

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

Constitutional challenges to morals laws - criminal laws intended to discourage self- and other-corrupting acts - have become a staple on the dockets of many constitutional courts. In this paper I examine justifications offered for morals laws that are thought to limit constitutional rights,...

We examine the revelation of preferences of justices whose true ideologies are not known at the moment of entering the Court but gradually become apparent through their judicial decisions. In the context of a two-period President-Senate-Court game – generalizing Moraski and Shipan (1999) –...

This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

Courts perform a variety of different tasks in administering the law that governs corporations. One group of tasks involves fitting the law that governs corporations into the rest of the fabric of the law. This involves both fitting corporations law into the general law, and deciding whether...