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* Dame Roma Mitchell Chair in Law; Executive Dean of the Faculty of Professions, University of Adelaide; Co-Editor in Chief, volumes 27–33 of the Adelaide Law Review (2006–12) I would like to thank Joshua Aikens for his research assistance and Dr Matthew Stubbs for his invitation to contribute to this special issue I would
Common Law’ (1998) 26(2) Federal Law Review 219, 235 See also Kathleen Foley, ‘The Australian Constitution’s Influence on the Common Law’ (2003) 31(1) Federal Law Review 131, 140; Graeme Hill and Adrienne Stone, ‘The Constitutionalisation of the Common Law’ (2004) 25(1) Adelaide Law Review 67, 97 In Canada especially, the
(2017) 38 Adelaide Law Review 51 consensus among Aboriginal and Torres Strait Islander peoples,10 constitutional change appears distant In December 2015 a Referendum Council was established to ‘advise on progress and next steps towards a referendum’ 11 Once tentatively scheduled for 2013, that vote is now unlikely to occur before 2018 12
stitutional Basis of Courts Martial’ (2012) 40(2) Federal Law Review 161, 163 n 9, citing Suri Ratnapala, Australian Constitutional Law: Foundations and Theory (Oxford University Press, 2002) 179–80 See also Zelman Cowen, ‘The Separation of Judicial Power and the Exercise of Defence Powers in Australia’ (1948) 26(5)
non-partisan, law reform body based at the Adelaide Law School which was established in 2010 under an agreement between the Attorney-General of South Australia, the University of Adelaide and the Law Society of South Australia Its objectives include modernisation of the law, the elimination of defects in the law, consolidation of any laws,
of militant democracy and its wide use in constitutional scholarship,2 the concept’s application has not been investigated in respect of the Australian Constitution This article fills this gap by explaining and developing the concept, and by determining whether and to what extent it applies to Australian constitutional law
Law LAW 2501 Australian Constitutional Law 2 3 Law LAW 2504 Administrative Law 2 3 Law Law Elective * 3 Law Law Elective * 3 Year 5 Law LAW 3501 Dispute Resolution and Ethics 3 6 Law LAW 3502 Evidence and Advocacy 3 6 Law Law Elective * 3 Law Law Elective * 3 Law Law Elective * 3 Law Law Elective * 3