CCCS Annual Report 2017 - Melbourne Law School · In 2015, she was a member of the Advisory...

CCCS Annual Report 2017

Directors’ Report


Public Law’ July 26, 2017.

Other events:

• CCCS Seminar delivered by Professor Peter Strauss (Columbia Law School), ‘Trumping American Administrative Law’ March 14, 2017.

• CCCS Seminar delivered by Th e Honourable Madam Justice Julie Dutil (Court of Appeal of Quebec, Canada), ‘Bijuralism: Challanges for the Canadian Judiciary Working Across Legal Cultures’ March 28, 2017.

• Kirsty Gover’s ‘Who are ‘we, the people’?: Constitutionalism, Recognition and Race’ Roundtable’ April 7, 2017.

• CCCS Constitutional Th eory Scholar’s Workshop on July 20, 2017, co-hosted with Th e Australasian Society of Legal Philosophy and Th e MLS Legal Th eory Workshop.

• Farrah Ahmed’s ‘Workshop on Constitutional Boundaries’ August 25-26, 2017.

Th roughout 2017, the CCCS Brown Bag series continued as the central forum for intellectual exchange in the Centre, convened by Associate Professor Kristen Rundle in semester 1 and Dr Tom Gerald Daly in semester 2.

Cheryl Saunders and Adrienne Stone also continued their editorial stewardship of the Oxford Handbook on the Australian Constitution ahead of its publication in early 2018.

ARC Laureate Program in Comparative Constitutional Law

2017 saw the commencement of the fi ve year ARC Laureate Fellowship Program in Comparative Constitutional Law, led by Adrienne Stone. Th e research theme of the program is Balancing Diversity and Social Cohesion in Democratic Constitutions. Th e Laureate Program brings a team of researchers to the CCCS to investigate how constitutions, in their design and application, can unify while nurturing the diversity appropriate for a complex, modern society. In addition to the Laureate Postdoctoral Fellows, Dr Stijn Smet and Dr Erika Arban, the Program also includes the Kathleen Fitzpatrick Laureate Fellowship which provides support for mentoring of women researchers. In 2017 these visitors were Dr Eszter Bodnar, Ms Gisela Ferrari, Dr Caitlin Goss, Ms Swati Jhaveri, Ms Dani Larkin, Dr Jacyln Neo and Dr Jenna Sapiano. Th e Laureate Program also welcomed Mr Gary Hansell, an Irish-trained lawyer with an LLM from Harvard Law School, as a Research Fellow.

Constitution Transformation Network (ConTransNet)

2017 also saw the newly launched Constitution Transformation

As the Directors of the CCCS, we are pleased to provide a report of the extensive and exciting activities of the Centre over the course of 2017. Th ese included the launch and staffi ng of the ARC Laureate Program in Comparative Constitutional Law.

New Centre Colleagues

Th e commencement of the ARC Laureate Program in Comparative Constitutional Law saw a number of new colleagues welcomed to the CCCS. Postdoctoral fellows Dr Stijn Smet and Dr Erika Arban joined us from the University of Ghent and University of Antwerp (Belgium) respectively. Dr Smet works in the fi elds of comparative constitutional law, human rights, legal theory and political theory (primarily on toleration and respect), and Dr Arban’s work focuses on comparative federalism, comparative constitutional law and legal research methodology. Th e CCCS also welcomed Dr Tom Gerald Daly, Associate Director of the Edinburgh Centre for Constitutional Law at Edinburgh Law School, as an MLS Postdoctoral Fellow. Dr Daly’s work focuses on the connections between law, policy and democratic governance, with a particular focus on young democracies and fragile democracies. 2017 also saw the commencement of a new PhD student, Joshua Snukel, who is working with Cheryl Saunders and Scott Stephenson on the translation of Canadian and French notions of the separation of powers and the rule of law in the context of the detention of terrorist suspects.

Events

Th e CCCS maintained an active schedule of events in 2017, led by our fl agship biennial Constitutional Law Conference on 21 July 2017. Co-convened by Adrienne Stone and Scott Stephenson, the conference included a keynote address from the Hon. Kenneth Hayne AC (former Justice High Court of Australia) on non-statutory executive power (Justice Stephen McLeish and Associate Professor Kristen Rundle, commentators), as well as papers on a range of topics including proportionality and retrospectivity and the rule of law delivered by leading practitioners and academics (see details on pp 17 of this report). Th e meeting also provided the occasion for the launch of Brendan Lim’s Australia’s Constitution aft er Whitlam (2017), by Laureate Emeritus Professor Cheryl Saunders. Th e conference closed with a dinner at which the Hon. Justice Michelle Gordon of the High Court of Australia gave the aft er dinner address. Th e dinner also provided an opportunity for the wider CCCS community to pay tribute to Professor Carolyn Evans, long-time member of the CCCS, who completed her tenure as Dean Melbourne Law School on the day of the conference.

Other event highlights were:

• Th e Miegunyah Distinguished Visiting Fellowship Public Lecture by Professor Denis Baranger, ‘Boundaries of


Network go from strength to strength. Th is major initiative brings together a team of scholars at Melbourne Law School to explore both the practice and the concept of constitutional transformation through interrelated and overlapping themes: peacebuilding; constitution making; international and domestic interfaces; regionalism; and the dynamics of implementation. In 2017 the project was co-convened by Dr William Partlett, Professor Cheryl Saunders, and Ms Anna Dziedzic.

CCCS Visitors

Th e centre hosted an energetic cohort of visiting researchers in 2017. Among them were, Ragnhild Nilsson, Associate Professor Iddo Porat, Professor Alan Page, and Dr Patrick Emerton.

CCCS Newsletters: new format

December 2017 saw the launch of the new format, bi-annual CCCS newsletter, to be published in June and December each year. Under the new and expanded format the newsletter includes features on alumni and Centre members, as well as special feature articles on CCCS activities.

Congratulations

Th e year saw many wonderful honours bestowed on CCCS members. Dr Dylan Lino, who completed his PhD in 2017, won the Holt Prize for his thesis on constitutional recognition of indigenous Australians, which will be published by Federation Press. Dylan’s outstanding thesis also saw him invited to the May 2017 Constitutional Convention at Uluru, from which the ‘Uluru Statement from the Heart’ was issued. Associate Professor Kristen Rundle was awarded the University of Melbourne’s Woodward Medal in the Humanities and Social Sciences for her internationally acclaimed book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012). CCCS members were also delighted to see Professor Adrienne Stone honoured as a University of Melbourne Redmond Barry Distinguished Professor from August 2017.

Looking to 2018

Th e new year at CCCS will see an infl ux of new colleagues and much activity associated with the Laureate Program, the Constitutions Transformation Network and the continuation of core CCCS activities. We look forward to reporting again at the close of the year.

Associate Professor Kristen Rundle

Professor Adrienne Stone

CCCS Annual Report 2017 | 1

About the Centre

Th e Centre for Comparative Constitutional Studies (CCCS) is one of the Law School’s thirteen specialist research centres and was established in the Faculty of Law in 1987. Th e CCCS undertakes and promotes research on the constitutional law and government of Australia and of other countries and provides a focal point for scholars and practitioners interested in these areas. Th e Centre seeks to focus greater attention on Australian constitutional law and government and of other countries whose systems are most relevant to Australia. Th is is refl ected in the Centre’s objectives which it pursues through its many activities.

Th e Centre is the current Secretariat for the Australian Association of Constitutional Law (AACL) which was formed in 1998 and is an incorporated, non-profi t body funded by membership subscriptions. Th e Association aims to promote the discipline of constitutional law through interaction, communication, exchange and debate. Key activities include an annual general meeting, State and Territory seminars, events and information sessions, participation in the International Association of Constitutional Law (IACL), production of a quarterly email newsletter and the development and maintenance of a constitutional law website.

Professor Adrienne Stone has been Director of the Centre since 1 July 2008. Associate Professor Kristen Rundle joined her as Co-Director in December 2016. CCCS members are drawn from the Law School’s faculty. Th e Centre’s Advisory Board consists of leading Australian and international public lawyers.

Objectives

Th e objectives of the Centre for Comparative Constitutional Studies are:

• to examine and evaluate the Australian constitutional system and to contribute actively to debate on the Australian system of government,

• to examine and advise on the constitutional and legal framework for relations between levels of government, in theoretical and practical operation,

• to introduce comparative constitutional concepts and knowledge on comparative constitutional principles, institutions and practices into Australian constitutional debate,

• to develop and promote a sound understanding of the constitutional systems of countries in the neighbouring region, both in underlying theory and practical operation,

• to contribute to the debate on constitutional issues elsewhere in the world in light of the experience of Australia and the Asia-Pacifi c region, and

• to provide a public and specialist resource on constitutional and comparative constitutional issues.

Th e Centre pursues these objectives through its activities of research, teaching, information exchange, providing a resource centre, consultancies and research collaboration.

Activities

Th e activities of the Centre for Comparative Constitutional Studies include:

• conducting research, both independently and in collaboration with others,

• providing research training, at graduate and undergraduate levels,

• developing and conducting courses,• hosting and contributing to public seminars and

conferences,• responding to inquiries from the public, media, and from

individuals and organisations in other countries,• collecting and disseminating constitutional materials and

information,• maintaining an active visitors’ program,• fostering and participating in networks within Australia

and overseas,• publishing books, articles, journals and newsletters,• making submissions to public inquiries, and• carrying out consultancies.


Centre Members

Adrienne Stone, DirectorAdrienne Stone holds a Chair at Melbourne Law School where she is also a Kathleen Fitzpatrick Australian Laureate Fellow, a Redmond Barry Distinguished Professor and Director of the Centre for Comparative

Constitutional Studies.

She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression. Her Laureate Fellowship on the theme ‘Balancing Diversity and Social Cohesion in Democratic Constitutions’ investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society.

She has published widely in international journals including in the International Journal of Constitutional Law, Constitutional Commentary, the Univeristy of Toronto Law Journal and the Oxford Journal of Legal Studies. With Cheryl Saunders AO she is editor of the Oxford Handbook on the Australian Constitution and with Frederick Schauer she is editor of the forthcoming Oxford Handbook on Freedom of Speech.

She is First Vice President of the International Association of Constitutional Law and is an elected Fellow of the Academy of Social Sciences in Australia and Australian Academy of Law. Th rough the Centre for Comparative Constitutional Studies she is extensively engaged with government and non-governmental organisations. In 2015, she was a member of the Advisory Committee for the Australian Law Reform Commission’s Inquiry on Traditional Rights and Freedoms.

She has taught at law schools in Australia, the United States and Canada and delivered papers and lectures by invitation at numerous universities in Australia, North America, Europe and China.

Kristen Rundle, Co-Director Associate Professor Kristen Rundle joined Melbourne Law School in 2015 and teaches in the areas of administrative law and legal theory. She became the Co-Director of the Centre for Comparative Constitutional Studies in December

2016.

Kristen previously held appointments at the London School of Economics and Political Science, the University of New South

Wales and the University of Sydney, as well as adjunct, visiting and honorary appointments at the University of Toronto, Erasmus University, the University of Ottawa, and the Whitlam Institute, Western Sydney University. Kristen was awarded a SJD from the University of Toronto, where she also held the Doctoral Fellowship in Ethics at the Centre for Ethics.

Kristen’s research is located at the intersection of legal theory and public law in its eff ort to trace the conditions necessary for law to act as a limitation on power. Led by her work in legal philosophy on the intellectual legacy of the legal philosopher, Lon Fuller, this theoretical program also informs her current research into questions of theory and practice arising from the neoliberal redesign of the administrative state, especially with respect to contracted-out public functions.

Her book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012) was awarded second prize, UK Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship (2012), and the University of Melbourne Woodward Medal in the Humanities and Social Sciences (2017). She is also the co-author (with Peter Cane & Leighton McDonald) of Principles of Administrative Law, and Cases for Principles of Administrative Law (3rd editions; Oxford University Press, 2018). Kristen’s articles have been published in leading international journals, including Law and Philosophy, the University of Toronto Law Journal, the Netherlands Journal of Legal Philosophy, Jurisprudence, and the Modern Law Review.

Cheryl Saunders AO Foundation DirectorCheryl Saunders has specialist interests in Australian and comparative public law, including comparative constitutional law and method, federalism and intergovernmental relations

and constitutional design and change. She is a Melbourne Laureate Professor Emeritus at Melbourne Law School and a convenor of the Constitution Transformation Network. She is a President Emeritus of the International Association of Constitutional Law, a former President of the International Association of Centres for Federal Studies, a former President of the Administrative Review Council of Australia and a senior technical advisor to the Constitution Building program of International IDEA. She has held visiting positions in law schools in many parts of the world and is an offi cer of the Order of Australia and a Chevalier dans l’Ordre National de la Legion d’Honneur of France.


Farrah AhmedAssociate Professor Farrah Ahmed joined Melbourne Law School in July 2012. Before this, she was a Lecturer in Law at the Queen’s College, University of Oxford. Her educational history includes an LLB from the University of Delhi,

and a Bachelor of Civil Law, an MPhil in law and a DPhil in law from the University of Oxford.

Farrah’s research spans public law, legal theory and family law. Her recent work on constitutional statutes, religious freedom, the doctrine of legitimate expectations, the duty to give reasons, social rights adjudication and religious tribunals has been published in the Cambridge Law Journal, the Modern Law Review, the Oxford Journal of Legal Studies, Public Law, and Child and Family Law Quarterly. Her book Religious Freedom under the Personal Law System was published by Oxford University Press in 2016. Farrah is currently a Chief Investigator on an Australian Research Council Discovery grant studying religious dispute resolution processes, and is working on projects on public interest standing, secularism, constitutional conventions, constitutional principles and arbitrariness in public law.

Farrah has taught legal theory, legal methods, constitutional law and administrative law. She has off ered electives on human rights, legal responses to multiculturalism and religion, and legal practice in Asia. Farrah is a founding editor of the Indian Law Review and the Admin Law Blog. She also serves as Associate Director (India) of the Asian Law Centre, Melbourne Law School.

Michael Crommelin AO Professor Michael Crommelin is Zelman Cowen Professor of Law and Director of Studies, Energy and Resources Law in the Melbourne Law School at the University of Melbourne. He holds the degrees of B.A and LL.B. (Hons.) from the University

of Queensland, and LL.M. and Ph.D. from the University of British Columbia. He was Dean of the Melbourne Law School from 1989 to 2002, from 2003 until 2007, and in 2010.

He has held several visiting academic appointments as Walter Owen Visiting Professor in the Faculty of Law at the University of British Columbia in 1987, Group of Eight Visiting Professor of Australian Studies in the Edmund A. Walsh School of Foreign Service, Georgetown University in 2002-3, Visiting Professor in the School of Law at the University of Virginia in 2008, Visiting Professor in l’Institut de droit comparé at l’Université Panthéon-Assas Paris II in 2009, and Visiting Professor in the Peter A Allard School of Law at the University of British Columbia in 2017.

He was admitted as an Australian lawyer in 1969, has been a member of the American Law Institute since 1998, and was elected a fellow of the Australian Academy of Law in 2010. He has served on committees of legal professional bodies including the Council of the Section on Energy and Resources Law of the International Bar Association and the Resources, Energy and Environment Law Committee of the Law Council of Australia. In 1976 he was a foundation member of AMPLA, a not-for-profi t professional organisation for energy and resources lawyers, was its president in 1985-6, and is now a life member.

His teaching and research interests are in constitutional law, mineral law and petroleum law. He teaches several courses in the Melbourne JD and the Melbourne Law Masters programs including Constitutional Law (JD), Mineral and Petroleum Law (MLM) and Resources Joint Ventures (MLM).

In 2009 he was appointed an Offi cer in the General Division of the Order of Australia for service to the law and legal education.

Tom Gerald DalyTom is a Fellow of Melbourne Law School, Associate Director of the Edinburgh Centre for Constitutional Law at Edinburgh Law School, and a consultant on public law, human rights, and democracy-building. He previously

clerked for the Chief Justice of Ireland. He has worked on a variety of development projects worldwide at Edinburgh University’s Global Justice Academy, and as a consultant on Council of Europe, European Union, International IDEA, and Irish government projects, most recently managing a major Council of Europe project on ‘Strengthening Judicial Ethics in Turkey’.

Tom’s research focuses on the connections between law, policy and democratic governance, with a particular focus on young democracies and fragile democracies. His recent publications include an article on courts as ‘democracy-builders’ in Global Constitutionalism, a co-edited collection, Law and Policy in Latin America: Transforming Courts, Institutions, and Rights (Palgrave MacMillan, 2017), and a policy report on ‘Th e Judiciary and Constitutional Transitions’ (International IDEA and the International Development Law Organization (IDLO)). His book, Th e Alchemists: Questioning Our Faith in Courts as Democracy-Builders, will be published in October 2017 by Cambridge University Press.

His current research project concerns democratic decay worldwide and the use of public law as a remedial tool. He is a columnist for the International Journal of Constitutional Law (I-Connect) blog, focusing on the theme of democratic decay. He also tweets on public law, democracy building and democratic decay @DemocracyTalk.


Alison DuxburyAlison Duxbury is a Professor at Melbourne Law School and an Associate Director of the Asia Pacifi c Centre for Military Law. She is a member of the International Advisory Commission of the Commonwealth Human Rights

Initiative and the Board of Directors of the International Society for Military Law. Alison holds BA/LLB (Hons) and PhD degrees from the University of Melbourne, and an LLM from the University of Cambridge, where she was a Pegasus Cambridge Commonwealth Scholar. Prior to joining Melbourne Law School, Alison worked at Blake Dawson Waldron (now Ashurst), the London offi ce of Cliff ord Chance and Monash University. She is a former Associate Dean of Melbourne’s JD degree.

Alison’s major teaching and research interests are in the fi elds of international law, international institutional law, human rights law and public law. Her publications include Th e Participation of States in International Organisations: Th e Role of Human Rights and Democracy (Cambridge, 2011) and a co-edited book, Military Justice in the Modern Age (Cambridge, 2016). She is currently a member of the ASEAN Integration through Law Project, coordinated through the National University of Singapore, and is working on a book on ASEAN and human rights with Dr Tan Hsien-Li.

Alison has undertaken advice work in the areas of international law and human rights law. She has been a Visiting Fellow at the Lauterpacht Centre for International Law in Cambridge, the Centre for Comparative and Public Law at the University of Hong Kong, the Oxford Institute for Ethics, Law and Armed Confl ict and the Institute of Commonwealth Studies in London. She has also taught international humanitarian law and international institutions at the Centre for Transnational Legal Studies in London. Alison is the recipient of a Melbourne Teaching Citation (2011), the Barbara Falk award for Teaching Excellence (2012) and a National Citation for Outstanding Contributions to Student Learning (2012).

Carolyn Evans Professor Carolyn Evans has degrees in Arts and Law from Melbourne University and a doctorate from Oxford University where she studied as a Rhodes Scholar and where she held a stipendiary lectureship for two

years before returning to Melbourne in 2000. She worked for a period as a lawyer at Blake Dawson Waldron aft er graduating from Melbourne. In 2010, Carolyn was awarded a Fulbright Senior Scholarship to allow her to travel as a Visiting Fellow at American and Emory Universities to examine questions of

comparative religious freedom.

Carolyn is the author of Religious Freedom under the European Court of Human Rights (OUP 2001) and co-author of Australian Bills of Rights: Th e Law of the Victorian Charter and the ACT Human Rights Act (LexisNexis 2008). She is co-editor of Religion and International Law (1999, Kluwer); Mixed Blessings: Laws, Religions and Women’s Rights in the Asia-Pacifi c Region (2006 Martinus Nijhoff ) and Law and Religion in Historical and Th eoretical Perspective (CUP 2008). She is an internationally recognised expert on religious freedom and the relationship between law and religion and has spoken on these topics in the United States, United Kingdom, Russia, China, Greece, Vietnam, India, Hong Kong, Switzerland, Malaysia, Nepal and Australia.

Simon EvansSimon Evans is a Professor in the Melbourne Law School and the University of Melbourne’s Pro Vice-Chancellor (International).

As Pro Vice-Chancellor (International), Professor Simon Evans works on the University’s

international strategy and international relationships, under the Deputy Vice-Chancellor (Global Engagement).

His scholarly work is as a comparative public lawyer, with broad interests in constitutional and administrative law, particularly in common law and Commonwealth countries. He holds an ARC funded Discovery Project grant to analyse the powers and accountabilities of the executive branch of government. He recently completed a major project investigating the capacity of parliaments to protect human rights and the eff ectiveness of the Commonwealth model of human rights protection. He has also worked on the implementation of the Victorian Charter of Human Rights. Other interests include constitutional property rights, accountability of executive government and constitutional theory. He was Director of the Centre for Comparative Constitutional Studies from 2005 to 2007 and Director of Teaching in the Law School from 2004 to 2006. He was a national fi nalist in the Australian Awards for University Teaching in 2005 and a Universitas 21 Teaching Fellow in 2006-7. He is a member of the Executive of the Australian Association of Constitutional Law.

Michelle FosterDr Michelle Foster is a Professor at Melbourne Law School. Michelle is also Director of the International Refugee Law Research Programme in the Institute for International Law and the Humanities at Melbourne Law School. Her


teaching and research interests are in the areas of public law, international refugee law, and international human rights law. Michelle has LLM and SJD degrees from the University of Michigan Law School, where she was a Michigan Grotius Fellow. She also holds an LLB and BComm (Hons 1 and the University Medal) from the University of New South Wales. Prior to her graduate studies she worked for the Commonwealth Attorney-General’s Department, as Research Director for the Hon AM Gleeson AC (then Chief Justice of NSW) and Legal Research Offi cer in the Chambers of the NSW Solicitor-General and Crown Advocate.

Michelle has published widely in the fi eld of international refugee law, and her work has been cited extensively in the international refugee law literature and also in judicial decisions in the United Kingdom, Australia and New Zealand. Her fi rst book, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation, was published by Cambridge University Press in 2007, and has been widely and favourably reviewed. Michelle is co-author, with James Hathaway, of Th e Law of Refugee Status, Second Edition, published by CUP in 2014. Since joining Melbourne Law School in 2005, Michelle has developed a new curriculum in Refugee Law in both the LLB and JD degrees. She has conducted training workshops for the New Zealand Refugee Status Appeals Authority and the Australian Refugee Review Tribunal, and has been engaged as a consultant by the United Nations High Commissioner for Refugees. Michelle is an Advisory Board Member of the Melbourne Journal of International Law, an Associate Member of the International Association of Refugee Law Judges and a Board member of AMES (http://www.ames.net.au/).

Jeremy GansJeremy Gans is a Professor in Melbourne Law School, where he researches and teaches across all aspects of the criminal justice system. He holds higher degrees in both law and criminology. In 2007, he was appointed as the Human

Rights Adviser to the Victorian Parliament’s Scrutiny of Acts and Regulations Committee.

His early research focused on fact-fi nding in sexual assault trials, the subject of his doctoral thesis and a number of published articles, and criminal investigation, especially the technique of DNA identifi cation. He is the author of a criminal law treatise and a co-author of texts on evidence law and criminal process rights. He has contributed to public debate on criminal justice in a number of forums, including publishing a running commentary on Victoria’s Charter of Human Rights and Responsibilities at charterblog.wordpress.com in 2008.

Beth GazeProfessor Beth Gaze has published extensively on anti-discrimination law, including employment discrimination, and on tribunals, and has conducted socio-legal research in both areas. She has acted as an expert adviser to the

Victorian Parliament and is a member of the Editorial Board of the International Journal of Discrimination and the Law. With Anna Chapman, she is presently engaged in a major project on the intersection between provisions of the Fair Work Act 2009 (Cth) and anti-discrimination law.

Beth Gaze has degrees in science and law from Melbourne and Monash Universities and the University of California (Berkeley), where she held a Fulbright postgraduate student grant, and has been admitted to legal practice in Australia. She teaches Equality and Discrimination Law, Administrative Law, and Legal Method and Reasoning at Melbourne Law School, and is a member of the Centre for Employment and Labour Relations Law and the Centre for Comparative Constitutional Studies.

Professor Gaze’s research interests are in anti-discrimination and equality law, feminist legal thought, and administrative law including tribunals, and she has a particular interest in socio-legal research including empirical research. She has held several ARC grants, and has conducted empirical research into the enforcement process under Australian federal anti-discrimination law. In 2009 she was an expert consultant to the Victorian Parliament’s Scrutiny of Acts and Regulations Committee in its Inquiry into the Exceptions and Exemptions in the Equal Opportunity Act 1995. She was also a member of the Advisory Committee to the Gardner Review of the Equal Opportunity Act 1995 which reported in 2008.

Penny GleesonPenny Gleeson is a Sessional Lecturer and Honorary Fellow at the Melbourne Law School. She currently teaches Torts in the Juris Doctor program.

Ms Gleeson’s research focusses on the role of law, ethics and

public policy in relation to new medical technologies. As a Principal Research Fellow from 2014 to 2016 she researched the ethical, legal and social implications of genomics research in collaboration with the Melbourne Genomics Health Alliance and Department of Health and Human Services. She was a member of the external advisory group for the Victorian Government’s genomic services framework. As part of her PhD candidature, Ms Gleeson is considering the political legitimacy of therapeutic goods’ regulation in Australia.


Prior to joining Melbourne Law School Ms Gleeson was an executive with the Victorian Public Service, including as Director, Legal for the Department of Premier and Cabinet. She also served as an associate to the Hon Chief Justice M E Black of the Federal Court of Australia and as a solicitor with Ashurst. Ms Gleeson holds a LLB (Hons) / BA from the University of Melbourne and a LLM from the University of Cambridge. Her graduate studies have been supported by the Cambridge Commonwealth Trust, the Australian Government Research Training Program and the Melbourne Networked Society Institute.

Kirsty GoverAssociate Professor Kirsty Gover was appointed to the faculty in 2009. Her research and publications address the law, policy and political theory of indigenous rights, institutions and jurisdiction.

She is interested in in the importance of Indigenous concepts of law and politics in settler state political theory, constitutionalism and international law. Professor Gover is the author of Tribal Constitutionalism: States, Tribes and the Governance of Membership (Oxford University Press 2010). She is currently working on a book entitled: When Tribalism meets Liberalism: Political Th eory and International Law (Oxford University Press, 2014), examining the ways in which indigenous self-governance infl uences the development of international law and international legal theory by altering the behaviours of states. Professor Gover is a graduate of New York University (NYU) JSD Doctoral Program, where she was an Institute for International Law and Justice (IJIL) Graduate Scholar and New Zealand Top Achiever Doctoral Fellow. She is Chair of Melbourne Law School’s Reconciliation and Recognition Committee, Graduate Research Coordinator and Director of Melbourne Law School’s Indigenous Peoples in International and Comparative Law Research Program.

Pip NicholsonPip Nicholson is Dean of Melbourne Law School from 2018. She previously served as Director of the Asian Law Centre and the Centre’s Associate Director (Vietnam) and Director of the Comparative Legal Studies

Program. Pip has also served as the Law School’s Associate Dean (International) and Associate Dean (JD). Between 2015 and 2017 Pip served as Vice- President and Deputy Vice-President of the University of Melbourne’s Academic Board. Pip has degrees in Arts, Law and Public Policy from the University of Melbourne and the Australian National University.

Most recently Pip co-published, Drugs Law and Legal Practice in Southeast Asia, with Tim Lindsey (Hart Publishing, 2016). Other publications include: Socialism and Legal Change: Th e Dynamics of Vietnamese and Chinese Reform (co-edited with John Gillespie, 2006); Borrowing Court Systems: the Experience of Socialist Vietnam (Martinus Nijhoff , 2007); Examining Practice, Interrogating Th eory: Comparative Legal Studies in Asia (co-edited with Sarah Biddulph, Martinus Nijhoff , 2008); New Courts in Asia (co-edited with Andrew Harding, Routledge, 2009); and Law and Development and the Global Discourses of Legal Transfers (co-edited with John Gillespie, Cambridge University Press, 2012). Pip is widely published in European and American journals also.

Pip has jointly held two ARC grants to investigate court-oriented legal reform in Cambodia and Vietnam and to analyse ‘Drugs, Law and Criminal Procedure in Southeast Asia’. Current research projects focus on Vietnamese law and legal change, particularly impacting the Constitution, courts, Vietnamese conceptions of law and legal institutions, the profession and the death penalty. Her most recent collaboration analysed the Socialist legacy in Vietnam and China. Pip also works comparatively on legal sector reform in socialist East Asia.

Pip has previously been admitted as a barrister and solicitor of the Supreme Court of Victoria and High Court of Australia.

Paula O’BrienPaula O’Brien is a Senior Lecturer and Co-Director of the Health and Medical Law Masters at Melbourne Law School. She co-coordinates a monthly health law seminar series at the Law School. She has a BA/LLB (Hons) from Th e University

of Melbourne and an LLM from the University of Cambridge, specialising in international law. Paula researches in the area of health law and public interest law. Her primary research interest relates to the regulation of harmful commodities, in particular alcohol. She has written on many aspects of the domestic and international regulation of alcohol, including its labelling, advertising, pricing, licensing and trade as a global commodity. Her current doctoral work is on the self-regulation of the labelling and marketing of alcohol. Paula also writes about the right to health, and has published papers on accountability in health care for asylum seekers in detention, the phenomenon of privatisation, the global shortage of health workers, and access to health care for migrant workers and their families in Australia. Paula uses her research to make submissions and provide advice to government and non-government bodies about public health law.

Paula graduated from Melbourne Law School with a fi rst class honours degree in law and in arts in 1998. She was awarded a full Commonwealth Scholarship to undertake her Master of Laws degree at the University of Cambridge in 2008. She graduated from Cambridge Jesus with a class I degree,


specialising in international law. She is currently undertaking her PhD at Melbourne Law School. Aft er graduating with her LLB, Paula completed her articles and worked as a lawyer at Minter Ellison Melbourne until 2003. Her practice was principally in the area of administrative law. She advised public sector agencies on the regulation of health professionals. From 2003 – 2007, Paula was the Executive Director of the Public Interest Law Clearing House (PILCH) in Victoria, a community legal centre which engages in case work, advocacy and education to advance the public interest, in particular the position of marginalised and disadvantaged members of the community. For her work at PILCH, she was awarded the Women Lawyers ‘Rising Star’ Award in 2007.

Paula teaches Health Law and Ethics, Administrative Law, and Legal Method and Reasoning in the JD. Paula was very involved in the establishment of MLS’s Public Interest Law Initiative and continues to contribute to the program.

William PartlettAssociate Professor Partlett joined Melbourne Law School in 2015 as a Senior Lecturer. Before coming to Melbourne, Dr Partlett was an Assistant Professor at the Faculty of Law of Chinese University Hong Kong, a Postdoctoral Research

Fellow and Lecturer at Columbia University Law School, and a Fellow at Th e Brookings Institution. Dr Partlett holds a JD from Stanford Law School as well as a DPhil in Soviet History and MPhil in Russian and East European Studies from the University of Oxford (where he was a Clarendon Scholar). He also holds an honors bachelors degree in International Aff airs and Public Policy from Princeton University and speaks Russian.

Dr Partlett’s research broadly focuses on the role of institutions in comparative public law. His work is currently focused on two projects. First, his research explores the institutional dimensions of constitution-making. Second, his research draws on his background in Soviet history to explore the distinctive institutional legacies of the socialist system of law in the former Soviet Union and Asia.

Glenn PatmoreAssociate Professor Glenn Patmore studied law at Monash University and Queen’s University, Canada. Before coming to Melbourne Law School (MLS), Glenn was a member of the Faculty of Law at Monash University. Glenn’s

research focuses on the legal regulation of democratic participation, with reference to constitutional amendment,

constitutional freedoms, freedom from discrimination and workplace participation. He is the author of a large body of published work on these topics including: two monographs, six books of collected essays, numerous book chapters, and many scholarly articles. His work has been published in numerous journals including the Melbourne University Law Review, Federal Law Review, Public Law Review, Comparative Labor Law and Policy Journal and Queen’s Law Journal. He has also contributed chapters to fi eld-specifi c handbooks published by Oxford University Press and Edward Elgar. You can read reviews of Glenn’s books at go.unimelb.edu.au/cb56.

Glenn has presented his research at numerous Australian and overseas universities, including Cambridge University, the London School of Economics and Political Science (LSE), King’s College London, Queen’s University (Canada), and the Paris-Sorbonne University. He has also been invited to give several presentations to the Industrial Relations Commission of New South Wales. Glenn’s presentations span domestic and comparative law as well as interdisciplinary fi elds.

Glenn has taught legal methods and reasoning, public law, constitutional law, and tort law. His JD elective subject, entitled Democracy, Law and Civil Liberties, examines case law from Australia and the United States. Glenn helped found the MLS Law School Equality Committee and was the inaugural Faculty Student Disability Equal Opportunity Liaison Offi cer. Glenn also co-organised the MLS Faculty Research Seminar Series from 2015 to 2017.

Julian SempilDr Julian A Sempill, DPhil (Oxford), LLB (Hons), BA (Melbourne), teaches Corporations Law, Trusts, Legal Ethics, Disputes & Ethics, Legal Method & Reasoning, Legal Th eory, Employment Law and also an

elective subject, Th e Rule of Law in Th eory & Practice.

He is the Co-convenor of the Faculty Research Seminar Series and Member of the committee developing the Disputes & Ethics JD subject. Dr Sempill is a member of the Centre for Comparative Constitutional Studies, the Centre for Employment and Labour Relations Law and the Centre for Corporate Law and Securities Regulation.

He is completing a book entitled “Power & the Law” which is to be published by Cambridge University Press (United Kingdom).

Th e book builds on “Law, Dignity and the Elusive Promise of a Th ird Way”, Oxford Journal of Legal Studies (2018); “What Rendered Ancient Tyrants Detestable: the Rule of Law and the Constitution of Corporate Power”, Th e Hague Journal on the Rule of Law (2018); “Th e Lions and the Greatest Part: the Rule of Law and the Constitution of Employer Power”, Th e Hague Journal on the Rule of Law (2017); “Ruler’s Sword, Citizen’s


Shield: Th e Rule of Law & the Constitution of Power”, Journal of Law & Politics (2016) (University of Virginia); and “It’s a Rich Man’s Game”, a forthcoming chapter in an edited collection entitled “Law with Class” (Fernwood Press, Canada, 2019).

Dale SmithDr Dale Smith’s research focuses primarily on analytic legal philosophy, especially on the jurisprudential writings of Ronald Dworkin. His recent publications include ‘Law, Justice and the Unity of Value’ (2012) 32 Oxford Journal

of Legal Studies 383, ‘Must the Law Be Capable of Possessing Authority?’ (2012) 18 Legal Th eory 69, ‘Th e Role of Conventions in Law’ (2011) 2 Jurisprudence 451, ‘Th eoretical Disagreement and the Semantic Sting’ (2010) 30 Oxford Journal of Legal Studies 635, ‘Has Raz Drawn the Semantic Sting?’ (2009) 28 Law and Philosophy 291, and ‘Reckless Rape in Victoria’ (2008) 32 Melbourne University Law Review 1007.

Dale is currently working on issues in analytic legal philosophy, statutory interpretation and (with Dr Colin Campbell from Monash University) discrimination law.

Dale graduated from the University of Melbourne in 1998 with fi rst class honours degrees in Law and Arts. He also holds a Masters of Arts in Philosophy from the University of Melbourne and a D.Phil in Law from the University of Oxford. His doctoral thesis was on the implications for adjudication of the debate between moral objectivists and anti-objectivists. Prior to joining Melbourne Law School as a Senior Lecturer in 2014, Dale was a Senior Lecturer in the Faculty of Law at Monash University. He was a Visiting Academic at the Faculty of Laws, University College London in October 2012.

In 2015, Dale will be teaching Philosophical Foundations of Law, and a stream of Legal Research entitled “Statutory Interpretation in Australia: Th eory and Practice”. He has also previously taught Criminal Law and Procedure in the JD program.

Scott StephensonDr Scott Stephenson is a Senior Lecturer at Melbourne Law School, Th e University of Melbourne. His research focuses on topics of Australian and comparative constitutional law and theory, including federalism, the

migration of constitutional ideas, models of rights protection, political backlash against courts, and quasi-constitutional law.

Aft er receiving his BA and LLB(Hons) with the University Medal in Law from the Australian National University, he worked at the High Court of Australia, fi rst as the Court’s

Legal Research Offi cer and then as Associate (Law Clerk) to Justice Virginia Bell AC. He then obtained his LLM and JSD from Yale University. While at Yale, he held the position of Tutor-in-Law for two years, was awarded the Fox International Fellowship to spend a year undertaking research at the University of Cambridge, and visited the University of Copenhagen’s Centre of Excellence for International Courts (iCourts).

His book on the bills of rights in Australia, Canada, New Zealand and the United Kingdom, From Dialogue to Disagreement in Comparative Rights Constitutionalism (Federation Press, 2016), was awarded the Holt Prize in 2015. He has published in a number of Australian, Irish, UK and international journals, including the Dublin University Law Journal, the International Journal of Constitutional Law, the Melbourne University Law Review, and Public Law.

A full list of publications can be found at scottmstephenson.com.

Joo-Cheong Th amJoo-Cheong Th am is a Professor at Melbourne Law School and has taught at the law schools of Victoria University and La Trobe University.

His research spans the fi elds of labour law and public law with a focus on law and democracy; and the regulation

of precarious work. He has also undertaken considerable research into counter-terrorism laws. He has published more than 40 refereed articles and book chapters, edited two collections and produced three monographs including Money and Politics: Th e Democracy We Can’t Aff ord (2010, UNSW Press).

His research has also been published in print and online media with Joo-Cheong having published more than 50 opinion pieces including in Th e Age, Australian Financial Review, Th e Guardian, Herald Sun and Sydney Morning Herald. Joo-Cheong regularly speaks at public forums and has presented lectures at the Commonwealth, South Australian and Victorian Parliaments. He has also given evidence to parliamentary inquiries into labour migration, terrorism laws and political fi nance laws; and has written key reports for the New South Wales Electoral Commission on the regulation of political fi nance and lobbying.

In 2012, Joo-Cheong became the inaugural Director of the Electoral Regulation Research Network. Th e Network - an initiative sponsored by the New South Wales Electoral Commission, Victorian Electoral Commission and the Melbourne Law School - aims to to foster exchange and discussion amongst academics, electoral commissions and other interested groups on research relating to electoral regulation. Its key activities include the holding of regular seminars and workshops, and the publication of biannual newsletters and research working papers.


Jason VaruhasDr Jason N E Varuhas is Associate Professor at the University of Melbourne, and Co-Director of Studies for the Government Law and Public and International Law programmes on the Melbourne Law Masters. He is also an

Associate Fellow of the Centre for Public Law at the University of Cambridge. Dr Varuhas has previously held the positions of Junior Research Fellow at Christ’s College, University of Cambridge, and Senior Lecturer at the University of New South Wales, and has been a Fox International Fellow at Yale University and Watts Visiting Fellow at the British Institute of International and Comparative Law, London. He was formerly Judge’s Clerk to Justice Mark O’Regan, New Zealand Court of Appeal (now of the New Zealand Supreme Court), and is a Barrister and Solicitor of the High Court of New Zealand. Dr Varuhas is a founder and the convenor of the Public Law Conferences, a biennial series of major international conferences on public law, the next of which will be held at Melbourne Law School in July 2018.

Dr Varuhas’s research and teaching interests cross the public law-private law divide; his specialisms lie in administrative law, the law of torts, the law of remedies, and the intersection of public and private law. He has published on topics in private and public law in leading international journals including the Cambridge Law Journal, Law Quarterly Review, Oxford Journal of Legal Studies and Modern Law Review, and in edited collections, has presented at international conferences across the common law world, and authored policy reports. He is the author of Damages and Human Rights (Hart Publishing, 2016), a major work on damages for breaches of basic rights, which was awarded the UK Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2016 and has been cited by the UK Supreme Court, English High Court, and Federal Court of Australia. He is also the co-author of a leading text on English administrative law, Administrative Law (5th edn, Oxford University Press, 2017), and contributes Book V on Damages under the Human Rights Act of McGregor on Damages (Justice James Edelman (ed), 20th edn, Sweet and Maxwell, 2017).

Dr Varuhas has convened and taught a range of undergraduate and graduate courses in public law and private law.

Lael WeisDr Lael (‘Lulu’) Weis joined Melbourne Law School in July 2010 as a McKenzie Post-Doctoral Fellow and commenced as a Lecturer in July 2013. She holds a PhD and JD from Stanford University from the Department of Philosophy and Law

School. She completed her dissertation, Public Purpose, Common

Good: Constitutional Property in the Democratic State, while a fellow at the Stanford Humanities Center.

Dr Weis’s principal research interests lie at the intersection of constitutional legal theory, democratic political theory, and comparative constitutional law. She is particularly interested in methodological questions concerning the use of comparative constitutional law to analyse issues in constitutional theory. Her work in this area has examined how assumptions about the purpose and function of constitutionalism inform theoretical debates about constitutional interpretation. Dr Weis’s research also encompasses topics concerning property law and theory, including the place of property in philosophical theories of justice and issues concerning the constitutionalization of property rules.

Dr Weis is the founder and convenor of Melbourne Law School’s Legal Th eory Workshop, a discussion group for works in progress in legal theory that draws guests from around Australia and overseas. She is also the current Treasurer of the Australasian Society of Legal Philosophy.

Margaret YoungDr Margaret Young joined Melbourne Law School in 2009 from the University of Cambridge, where she was Research Fellow in Public International Law at Pembroke College and the Lauterpacht

Centre for International Law. She has worked at the World Trade Organisation (Appellate Body Secretariat) and the United Nations International Law Commission and is a former associate to the Chief Justice of the Federal Court of Australia. She is the author of Trading Fish, Saving Fish: The Interaction between Regimes in International Law (CUP, 2011), which was awarded the International Union for Conservation of Nature (IUCN) Academy of Environmental Law Junior Scholar Prize in 2012 and the University of Melbourne Woodward Medal in Humanities and Social Sciences in 2016. Her edited collection Regime Interaction in International Law: Facing Fragmentation (CUP, 2012) includes contributions from leading international, comparative and constitutional law scholars. Her latest book, co-authored with colleagues from the Melbourne Law School, is The Impact of Climate Change Mitigation on Indigenous and Forest Communities (CUP, 2017). In 2016, Dr Young was the Director of Studies for public international law at the Hague Academy of International Law. She currently serves as one of group of legal experts who met in Paris in 2017 to finalize a draft preliminary text for the ‘Global Pact for the Environment’.


CCCS PhD CandidatesSayomi Ariyawansa Th esis: Tackling the exploitation of migrant workers in the Australian agriculture sector

Supervisors: Professor Joo-Cheong Th am and Professor Susan Kneebone

Osayd AwawdaTh esis: Th e judicialisation of Politics in Palestine: What is the Role of the Constitutional Court in Resisting the Authoritarian behaviours of Fatah Regime in the West Bank?

Supervisors: Laureate Professor Cheryl Saunders AO and Professor Simon Evans

Tim BaxterTh esis: Negligence of Australian Public Functionaries for Inadequate Climate Mitigation: Could equitable remedies (re)defi ne the duty of care in massive torts?

Supervisors: Professor Lee Godden and Associate Professor Jason Varuhas

Anne CarterTh esis: Proportionality and the Proof of Facts in Australian Constitutional Adjudication

Supervisors: Laureate Professor Cheryl Saunders AO and Professor Jeremy Gans

Th e Hon. Philip CumminsTh esis: Of Judicial Offi ce

Supervisors: Professor Michael Crommelin AO and Laureate Professor Cheryl Saunders AO

Anjalee De Silva, Teaching FellowTh esis: Sticks, stones and sex: Addressing the gender gap in Australian vilifi cation legislation

Supervisors: Professor Adrienne Stone and Professor Katharine Gelber

Anna Dziedzic, Research Fellow and Teaching FellowTh esis: Th e appointment of foreign judges to courts with constitutional jurisdiction in the Pacifi c region

Supervisors: Laureate Professor Cheryl Saunders AO and Professor Adrienne Stone

Troy Keily Th esis title: Foreign States and Judicial Abstention in Municipal Common Law Courts

Supervisors: Laureate Professor Cheryl Saunders AO and Professor Richard Garnett

Caroline KellyTh esis title: Th e Infl uence of Public Law Principles in Australian Labour Law

Supervisors: Professor Joo-Cheong Th am and Associate Professor Jason Varuhas

Brian OpeskinTh esis title: Population Challenges for the Australian Judiciary

Supervisors: Laureate Professor Cheryl Saunders AO and Associate Professor Rebecca Kippen


Charmaine RodriguesTh esis title: Revolution or coup?: Implications for constitutional process design

Supervisors: Laureate Professor Cheryl Saunders AO and Dr William Partlett

Carlos Arturo Villagran SandovalTh esis: Using Regional Comparative Law to Solve and Provide Future Direction to the Challenges of the Central-American Integration System

Supervisors: Laureate Professor Cheryl Saunders AO and Professor Jürgen Kurtz

Joshua SnukalTh esis title: Faux amis: Translating Canadian and French notions of the separation of powers and the rule of law in the context of the detention of suspected terrorists aft er 9/11

Supervisors: Laureate Professor Emeritus Cheryl Saunders AO and Dr Scott Stephenson.


CCCS Advisory Board

Ian Cunliff eIan Cunliff e has had a long career as a solicitor in private practice and a senior federal public servant. He has been a partner of some of Australia's largest legal partnerships, and also practised under his own name. Earlier, Ian was successively head of the Legal Section of the Department of Prime Minister and Cabinet, Secretary and Director of Research of the Australian Law Reform Commission and chief executive of the Australian Constitutional Commission. At the beginning of his career, Ian was Associate to Sir Cyril Walsh at the High Court of Australia. He holds degrees in Arts and Law from the Australian National University. His constitutional interests focus on the role of the Constitution as a brake on government and as a guarantor of freedom of interference by government. He was the unsuccessful litigant (3:4) in the implied rights case Cunliff e v.Th e Commonwealth (1994) 182 CLR 272.

Dr Stephen Donaghue QCDr Stephen Donaghue QC was appointed Solicitor-General on 14 December 2016 and commenced in the role on 16 January 2017. He holds degrees in Arts and Law from the University of Melbourne, and received the Supreme Court Prize as the top graduate in law at the University of Melbourne in 1995. He also holds a DPhil from Oxford University (Magdalen College), where he studied aft er receiving Menzies and Commonwealth scholarships. Prior to commencing at the Bar, Dr Donaghue was an Associate to Justice Hayne at the High Court of Australia.

Dr Donaghue joined the Victorian Bar in 2001, and took silk in 2011. He appeared regularly before the Full Court of the High Court, principally in matters involving constitutional and administrative law, and he also appeared in many complex appellate and trial matters in the Federal Court of Australia.

He is a Senior Fellow at the University of Melbourne Law School. Prior to his appointment, he was also the Chair of the Public Law Section of the Commercial Bar Association and a member of the Constitutional Law Committee of the Law Council of Australia.

Dr Gavan Griffi th AO QCGavan Griffi th AO, QC., was Solicitor-General of Australia from 1984 to 1997 and practices as counsel and as an international arbitrator from chambers in Melbourne and at Essex Court Chambers, London.

Peter Hanks QCPeter Hanks practices predominantly in public law; administrative law and constitutional law. He appears regularly for Commonwealth and State government agencies, and against those agencies, in the Federal Court, High Court, State and Territory Supreme Courts, Commonwealth AAT and VCAT. He has published several books on constitutional law and administrative law. He is a consultant to Butterworths' 'High Court and Federal Court Practice'.

Wendy Harris QCWendy Harris is a Melbourne barrister, specialising in constitutional and commercial law, with a particular interest in free expression. She has been involved in a number of leading constitutional cases, including Th eophanous v Herald & Weekly Times; Kruger v Commonwealth; Kartinyeri v Commonwealth and Grain Pool of WA v Commonwealth. She has an active public law practice, and has spoken and written in national and international fora on free expression and other constitutional issues.

Justice Christopher Maxwell AOJustice Maxwell is currrently the President of the Victorian Court of Appeal. As a barrister his interests lie in the fi eld of public law - administrative law, constitutional law, FOI and related areas such as taxation and customs. He has appeared in a number of constitutional and other cases in the High Court, dealing with issues ranging from environmental law and copyright to taxation and industrial law. Chris has had a range of experience with boards and Commissions of Inquiry as: Counsel assisting the Mental Health Review Board in the Garry David case (1990); Junior Counsel for the State Bank of Victoria in the Tricontinental Royal Commission (1990-92); Counsel assisting the Judicial Inquiry into the Australian Secret Intelligence Service (1994-5). He has also had a variety of commercial experience, including as junior counsel for the State of Victoria in its negligence action against the former auditors of Tricontinental.

Justice Stephen McLeishStephen McLeish is a Judge of Appeal of the Supreme Court of Victoria. He was the Solicitor-General for Victoria from 2011 until 2015, having been a member of the Victorian Bar since 1993. He practised primarily in the areas of commercial and public law and was appointed as Senior Counsel in 2007. Before going to the Bar he was a solicitor with Arthur Robinson & Hedderwicks (now Allens), practising in banking and fi nance and corporate law. He holds a Masters Degree in Law from Harvard University where he studied on a Frank


Knox Memorial Fellowship and Bachelor’s Degrees in Arts and with Honours in Law from the University of Melbourne, where he was awarded the Supreme Court Prize in 1986.

Justice Debra MortimerJustice Mortimer was appointed to the Federal Court in July 2013, based in Melbourne. Prior to her appointment, she was a member of the Victorian Bar and was appointed Senior Counsel in 2003. She remains a Senior Fellow at Melbourne Law School and a member of the Advisory Board of the Centre for Comparative Constitutional Studies.

Justice Mortimer's practice was principally in public law, together with anti discrimination and extradition law, and in all areas she acted for both applicants and respondents, and for and against government, in state and federal jurisdictions including in the High Court.

Justice Mortimer has had a substantial public interest practice, particularly in migration law, environmental law and anti-discrimination law, and was involved in many ground-breaking cases over the last 20 years. She has received a number of awards in respect of this work, including the 2011 Law Council of Australia President's Medal, the Victorian Bar's Pro Bono Perpetual Trophy and the Australian Human Rights Commission Law Award.

Justice Mark Kranz MoshinskyJustice Moshinsky practised as a barrister at the Victorian Bar from 1995 to 2015, including as senior counsel from 2007, specialising in constitutional and administrative law, taxation, superannuation, competition law, private international law and human rights. In 2010-2011, he was the Chairman of the Bar Council of the Victorian Bar.

In 1986, he completed a Bachelor of Arts at the University of Melbourne. In 1988, he completed a Bachelor of Laws with First Class Honours at the University of Melbourne, being awarded the Supreme Court Prize. During 1989-1991, he studied at the University of Oxford on a Rhodes Scholarship, completing a Bachelor of Civil Law with First Class Honours.In 1992-19 l, University of Melbourne, and taught confl ict of laws and constitutional and administrative law. He is currently a Senior Fellow at the Melbourne Law School, co-teaching the subject Separation of Powers in the Masters program.He has published a number of articles on constitutional law and the confl ict of laws.

Professor Brian OpeskinBrian Opeskin is a Professor of Law and Associate Dean (Research) at the University of Technology Sydney (UTS). Prior to joining UTS, he held positions as: Professor of Legal Governance at Macquarie University; Head of the Law School at the University of the South Pacifi c in Vanuatu (2006-2008);

Deputy President of the Australian Law Reform Commission (2000-2006); and Associate Professor at Sydney University Law School (1989-2000). He was Associate to Justice Mason at the High Court of Australia (1986-1986).

Brian undertook his undergraduate study in economics and law at the University of New South Wales; postgraduate study in law at Oxford University; and holds a Masters degree in social research (demography). He researches in the broad fi eld of public law and has written widely on constitutional law; courts, judges and jurisdiction; and international migration law.

Jason Pizer QCJason Pizer is a Victorian barrister who practises mainly in administrative law. He won the Melbourne University Supreme Court prize and was an associate to Sir Anthony Mason, Chief Justice of the High Court of Australia. He is the author of Pizer's Annotated VCAT Act and the editor of Pizer, Victorian Administrative Law.

Justice Richard R S TraceyJustice Tracey was appointed to the Federal Court of Australia in July 2006. A former student and senior lecturer at the University of Melbourne, Richard Tracey was Queen's Counsel in Victoria, Tasmania and New South Wales. His civil practice concentrated on administrative law and industrial law. He also had a long and distinguished military practise including as Judge Advocate and Reviewing Judge Advocate (Defence Force Magistrate). Since 2007 he has been the Judge Advocate General of the Australian Defence Force. He is also President of the Defence Force Discipline Appeal Tribunal.

He was a member of various Commonwealth tribunals and was senior counsel assisting the Royal Commission into the Building and Construction Industry.


Th e Constitution Transformation Network is a new initiative that brings together a team of scholars at Melbourne Law School to explore both the practice and the concept of constitutional transformation.

At a practical level constitutional transformation is or has recently been underway in many states across the world. At heart, constitutional transformation involves the formulation and implementation of new Constitutions or major changes to existing Constitutions. It comprises questions about constitutional design as well as the processes of constitutional change. Depending on the context, constitutional transformation may encompass confl ict resolution, peace building and other catalysts for regime change. It extends well beyond the ratifi cation of new arrangements to include a period of transition, which may be drawn-out over a decade or more, and which covers implementation and constitutional change post-adoption.

In conceptual terms the very idea of a Constitution may be undergoing transformation, in the face of the conditions of internationalisation and globalisation that characterise present times. Pressures for change come from what is loosely described as the constitutionalisation of international law (the extent to which arrangements at the regional or international levels are beginning to take forms that might be described as ‘constitutional’) and the internationalisation of constitutional law (the impact of international actors and norms on constitutional transformation within a state). Th ese interfaces between domestic and international interests have practical as well as theoretical implications.

Th e Constitution Transformation Network seeks to explore these issues through fi ve interrelated and overlapping themes: peacebuilding; constitution making; international and domestic interfaces; regionalism; and the dynamics of implementation.

Collectively, team members bring knowledge in constitutional and comparative constitutional law, international law, military and international humanitarian law, regional law and Asian law. Th ey believe that context is critically important in constitutional transformation, which therefore requires the knowledge and skills of comparative constitutional law. To that end, team members are committed to pooling their expertise to work together and with global partner institutions, scholars and practitioners to make a genuine diff erence to constitutional transformation in theory and practice.

Th e co-convenors of the Constitutions Transformation Network are Laureate Professor Cheryl Saunders AO, Dr William Partlett and Ms Anna Dziedzic. You can follow the Network on Facebook and Twitter @ConTransNet. If you would like further information about the Network, please contact the Network’s Coordinator, Ms Charmaine Rodrigues at [email protected].

Website: http://law.unimelb.edu.au/constitutional-transformations

Twitter: @ConTransNet

The Constitution Transformation Network

Laureate Professor Cheryl Saunders AOCo-Convenor

Dr William PartlettCo-Convenor

Ms Anna DziedzicCo-Convenor

Ms Charmaine RodriguesCoordinator


Th e Centre for Comparative Constitutional Studies hosted a major conference on constitutional law on 21 July 2017. Th e Conference is the 4th in a regular series of conferences that focus on themes of enduring signifi cance in constitutional law. Th is year the conference papers focused on:

• Non-Statutory Executive Power;• Proportionality aft er McCloy;• Retrospectivity and the Rule of Law.

Th e fi nal session of the Conference provided a retrospective on the High Court under Chief Justice Robert French, with a special focus on Chapter III and the separation of powers.

Th e cases discussed included: Re Culleton [No 2] (2017); Cunningham v Commonwealth (2016); R (Miller) v Th e Secretary of State for Exiting the European Union (2016, UK Sup Ct, the ‘Brexit’ Case); Murphy v AEC (2016); Plaintiff M68 (2015); P T Bayan Resources v BCBC Singapore (2016), Rizeq v Western Australia (2016); McCloy v New South Wales (2015); Assistant Commissioner Condon v Pompano Pty Ltd (2013); Wainohu v New South Wales (2011); Momcilovic v Th e Queen (2011); Kirk v DPP (2010); South Australia v Totani (2010) and International Finance Trust Co Ltd v New South Wales Crime Commission (2009).

Th e conference closed with a dinner addressed by the Hon. Justice Michelle Gordon of the High Court of Australia.

Papers delivered by leading practitioners and academics included Lorraine Finlay (Murdoch University); Justin Gleeson SC (Banco Chambers, NSW Bar); Emeritus Professor Jeff rey Goldsworthy (Monash University); the Hon. Kenneth Hayne AC (former Justice High Court of Australia and Professorial Fellow Melbourne Law School); Dr Brendan Lim

(Eleven Wentworth, NSW Bar); the Hon. Justice Stephen McLeish (Court of Appeal, Victoria); Dan Meagher (La Trobe University); Associate Professor Kristen Rundle (Melbourne Law School); Professor James Stellios (Australian National University); Professor Adrienne Stone (Melbourne Law School); Julia Watson (Owen Dixon Chambers, Victorian Bar) and Emeritus Professor Fiona Wheeler (Australian National University).

Th e conference also provided the occasion for the launch of Brendan Lim’s Australia’s Constitution aft er Whitlam (2017), by Laureate Professor Emeritus Cheryl Saunders AO.

Conference Convenors:

Professor Adrienne Stone

Dr Scott Stephenson

CCCS Constituional Law Conference 201721 July 2017 Woodward Conference Centre, Melbourne Law School

Event


8.30am Registration and coff ee

9.00am Session OneNon-Statutory Executive PowerSpeaker: Th e Hon. Kenneth Hayne AC (former Justice High Court of Australia, Professorial Fellow, Melbourne Law School) Commentators: Th e Hon. Justice Stephen McLeish (Court of Appeal, Victoria)Associate Professor Kristen Rundle (Melbourne Law School)

10.30am Morning Tea Woodward Conference Centre Foyer

11.00am Session TwoRetrospectivity and the Rule of Law: Public Law Perspectives Speakers:Lorraine Finlay (Murdoch University)Dr Brendan Lim (Eleven Wentworth, NSW Bar)Associate Professor Dan Meagher (La Trobe University)

12.30pm LunchWoodward Conference Centre Foyer

2.00pm Session Th reeProportionality since McCloy Speakers:Justin Gleeson SC (Banco Chambers, NSW Bar)Professor Adrienne Stone (Melbourne Law School)

3.30pm Aft ernoon TeaWoodward Conference Centre Foyer

4.00pm Session FourChapter III and the Separation of Powers: A Retrospective on the ‘French Court’Speakers:Emeritus Professor Jeff rey Goldsworthy (Monash University) Professor James Stellios (Australian National University)Julia Watson (Owen Dixon Chambers, Victorian Bar) Emeritus Professor Fiona Wheeler (Australian National University)

5.30pm End of Conference

5.45pm Book LaunchWest Dining Room, UH@W

Dr Brendan Lim, Australia’s Constitution aft er Whitlam (2017)

Launch by: Laureate Professor Emeritus Cheryl Saunders AO (Melbourne Law School)

7.00pm Conference DinnerUH@W, Level 10, Melbourne Law School

Courts and the Future of the Rule of LawSpeaker: Th e Hon. Justice Michelle Gordon (High Court of Australia)

Program


Events 2017CCCS Seminar Series


Workshop on Constitutional BoundariesAugust 25–26, 2017Melbourne Law School

Professor Denis Baranger presented the Miegunyah Distinguished Visiting Fellowship Public Lecture on Wednesday 26 July 2017 on the topic “Boundaries of Public Law”.

Th e recording can be accessed at the Melbourne Law School webiste through the link http://go.unimelb.edu.au/ixu6.

Miegunyah Distinguished Visiting Fellowship Public Lecture – July 26, 2017

Th e workshop on “Constitutional Boundaries” was jointly hosted by CCCS and the Faculty of Law at the University of Oxford. It was held on the 25th and 26th of August 2017 at Melbourne Law School.

It brought together scholars in public law from around the world to explore the theme of Constitutional Boundaries in depth.

Th is workshop focussed on questions relating to where the boundaries of constitutions are drawn, and the normative and legal signifi cance of these boundaries.

Th e Keynote Address was delivered by Jeff rey Goldsworthy.

Papers delivered by leading practitioners and academics included Farrah Ahmed (Melbourne); Richard Albert (BC/Texas); Nicholas Barber (Oxford); Jeff King (UCL); Janet McLean (Auckland); Peter Oliver (Ottawa); Adam Perry (Oxford); Adrienne Stone (Melbourne); Adam Tucker (Liverpool); Lael (“Lulu”) Weis (Melbourne) and Allison Young (Oxford).

Conference Convenors:Farrah Ahmed

Adam PerryRichard Albert


Th e Centre for Comparative Constitutional Studies will host a series of conferences, seminars and events in 2018 & 2019. For more information on

these and other events see http://law.unimelb.edu.au/centres/cccs#events

Highlights include

2018

Th ird Biennial Public Law Conference co-hosted with the Faculty of Law, University of Cambridge

11-13 July 2018Melbourne Law School

To Register go to: https://law.unimelb.edu.au/public-law-conference/registrationMelbourne Law School

CCCS @ 30 Conference30 November 2018

Melbourne Law School

2019

CCCS Constitutional Law Conference26 July 2019


Forthcoming Events


Th e Legal Th eory Workshop series meets regularly to discuss unpublished works-in-progress on a variety of theoretical and normative issues in the law. Unless otherwise noted, all workshop meetings were held on Fridays, from 12.30pm-2.30pm.

Dr Lulu Weis is the Workshop’s convener and organiser.

Guest presenters for 2017 Academic Year:

28 July 2017

Professor Colleen Murphy (Illinois), ‘Judging the Justice of the Colombian Peace Process’Commentator: Sebasian Machado Ramirez (Melbourne)

11 August 2017Professor Wojciech Sadurski (Sydney), ‘Rationales for Public Reason: Respect, Freedom, Equality, etc’Commentator: Dr Daniel Halliday (Melbourne)

24 August 2017

Professor Jeff King (UCL), ‘Th e Social Dimension of the Rule of Law’Commentator: Dr Scott Stephenson (Melbourne)

1 September 2017

Dr David Winterton (UNSW), ‘Two Conceptions of the “Performance Interest” in Contract Damages’Commentator: Associate Professor Katy Barnett (Melbourne)* Workshop co-sponsored by the Obligations Group

15 September 2017

Dr Mark McBride (NUS), ‘Modality and Bentham’s Test’Commentator: Associate Professor Patrick Emerton (Monash)

6 October 2017

Associate Professor Tarunabh Khaitan (Oxford) and Dr Jane Norton (Auckland), ‘Distinguishing Freedom of Religion from Religious Non-Discrimination’Commentator: Dr Colin Campbell (Monash)

20 October 2017

Dr Joel Harrison (Macquarie), ‘Th e Liberal Egalitarian Account [of Religious Liberty]’Commentator: Professor Matthew Harding (Melbourne)

17 March 2017

Dr William Partlett (Melbourne) & Dr Zim Nwokora (Deakin), ‘Th e Foundations of Democratic Dualism: Why Constitutional Politics and Ordinary Politics are Diff erent’Commentator: Dr Scott Stephenson (Melbourne)

24 March 2017Dr Lisa Burton Crawford (Monash), ‘Judicial Review and the Limits of Legislative Power’Commentator: Associate Professor Kristen Rundle (Melbourne)

7 April 2017

Associate Professor Vasuki Nesiah (NYU), ‘Gendering the Invisible Hand: “Empowerment” and “Debt” in Post-Confl ict Economic Governance’Commentator: Professor Miranda Stewart (Melbourne)

28 April 2017

Dr Ron Levy (ANU), ‘Shotgun Referendums: Deliberation and Constitutional Settlement in Confl ict Societies’Commentator: Dr William Partlett (Melbourne)

5 May 2017 (Rescheduled)

Professor Simone Degeling (UNSW), ‘Th e Philosophical Foundations of Equity’Commentator: Professor Matthew Harding (Melbourne)

19 May 2017

Associate Professor Sarah Sorial (Wollongong), ‘What does it mean to “off end”, “insult” and “intimidate”? A conceptual analysis of section 18C of the Racial Discrimination Act’ Commentator: Dr Robert Simpson (Monash)Workshop co-sponsored by the Centre for Media and Communications Law

26 May 2017

Dr Michael Sevel (Sydney), ‘Philosophical Anarchism Revisited’Commentator: Dr Dale Smith (Melbourne)

Legal Theory Workshop


12 September 2017, Tuesday‘US Approaches to International Law and International Relations in a Time of Transition’, Professor Paul B. Stephan, (University of Virginia)

19 September 2017, Tuesday‘Proportionality in a Culture of Rights-compatible Legislation’, Dr Tria Gkouvas (Visiting Scholar, Monash University)

26 September 2017, Tuesday‘Italy: Th e Principle of (Federal) Solidarity as a Principle of Equality’, Dr Erika Arban (Laureate Postdoctoral Fellow, Melbourne Law School)

3 October 2017, Tuesday‘Th e Globalization of Proportionality: Doctrinal convergence or divergence?’, Professor Niels Petersen (University of Münster)

10 October 2017, Tuesday‘Panel Discussion: Section 44 and the Bar on Dual Nationality in Australia’s Parliament’, Melbourne Law School Panel Discussion

17 October 2017, Tuesday‘Saving Democracy 2.0? Th e Indian Supreme Court’s Return to ‘Natural Rights’ in the Privacy Judgment’, Associate Professor Tarun Khaitan (Future Fellow, Melbourne Law School)

24 October 2017, Tuesday‘Panel Discussion: Brown v Tasmania, Free Speech and Proportionality’, Melbourne Law School Panel Discussion

31 October 2017, Tuesday‘Judicial Policy, Public Perception and the Science of Bias’, Dr Inbar Levy (Melbourne Law School)

7 November 2017, Tuesday‘To Stay, to Leave or to Get More: Autonomy and Independence Claims in Catalonia, Veneto and Lombardy’, Dr Erika Arban (Laureate Postdoctoral Fellow, Melbourne Law School)

14 November 2017, Tuesday‘An Eventful Year: Looking Back on Australia’s Constitution in 2017’, Melbourne Law School Panel Discussion

21 November 2017, Tuesday‘Establishment’, Associate Professor Farrah Ahmed (Melbourne Law School)

27 November 2017, Monday, Room G29‘Th e Universal Declaration and the Living Constitution’, Professor David Sloss (Santa Clara University School of Law)

11 April 2017, TuesdayJohn Borrows presented ‘Towards an Indigenous Law Degree’.

2 May 2017, TuesdayLisa Burton-Crawford and Janina Boughey presented ‘Jurisdictional Error: Do We Really Need It?’

9 May 2017, TuesdayIddo Porat spoke to his paper ‘Th e Administrative Origins of Constitutional Rights and Global Constitutionalism’.

16 May 2017, TuesdayCheryl Saunders and Jason Varuhas presented ‘Public Law and Private Law: Teaching at the Interface’.Co-hosted with Obligations Group.

23 May 2017, TuesdayAnne Carter spoke to her draft chapter ‘Th e Factual Basis of Proportionality in Australia’.

30 May 2017, TuesdayLulu Weis spoke to her paper ‘On Just Terms, Revisited’.

25 July 2017, Tuesday ‘Recent Developments in the UK Constitution: Q and A with Professor Alison Young’, Professor Alison Young (University of Oxford)

1 August 2017, Tuesday‘Public versus Private Powers: A French Perspective’, Professor Denis Baranger (Université Panthéon-Assas [Paris II])

8 August 2017, Tuesday‘Tiered Constitutional Design’, Professor David Landau (Florida State University)

15 August 2017, Tuesday, Room G29 ‘Charter Rights and Remedies for the Kids in Barwon Prison’, Professor Jeremy Gans (Melbourne Law School)

22 August 2017, Tuesday‘Th e Coloniality of Global Constitutionalism? Th e Case of Constitution-Making in Post-Confl ict Kosovo’, Maj Grasten (Copenhagen Business School)

29 August 2017, Tuesday‘Th e Relationship between the European Court of Human Rights and National Courts’, Dr Matthias Hartwig (Max Planck Institute for Comparative Public Law and International Law)

5 September 2017, TuesdayComparing Same-Sex Marriage Votes in Ireland and Australia, Dr Tom Gerald Daly (MLS Fellow, Melbourne Law School)

CCCS Brown Bag Series 2017


Publications

Authored Research BooksTom Gerald Daly, Th e Alchemists: Questioning Our Faith in Courts as Democracy-Builders (Cambridge University Press, 2017)

Teaching TextsPeter Gerangelos, Nicholas Aroney, Simon Evans, Patrick Emerton, Sarah Murray, Adrienne Stone, Winterton’s Australian Federal Constitutional Law: Commentary & Materials 4th edition

Edited BooksStijn Smet and Eva Brems (eds), ‘When Human Rights Clash at the European Court of Human Rights: Confl ict or Harmony?’ (Oxford University Press, 2017)

Book ChaptersFarrah Ahmed, ‘Th e Problem with Personal Law’ in Shazia Chaudhury and Jonathan Herring (eds), Cambridge Companion to Family Law (CUP, forthcoming)

Farrah Ahmed, ‘Islamic Community Processes in Australia’ in Samia Bano and Jennifer Pierce (eds), Mediation and Religious Arbitration in National Contexts (Dartmouth College Press, forthcoming)

Farrah Ahmed, ‘Th e Problem with Personal Law’ in ShaziaChaudhury and Jonathan Herring (eds), Cambridge Companion to Family Law (CUP)

Farrah Ahmed, ‘Enforcing Religious Law’ in Rex Ahdar (ed) Research Handbook on Law and Religion (Edward Elgar, forthcoming)

Farrah Ahmed (with Ghena Krayem), ‘Islamic Community Processes in Australia’ in Samia Bano and Jennifer Pierce (eds), Meditation and Religious Arbitration in National Contexts (Dartmouth College Press, forthcoming)

Tom Gerald Daly, ‘Democratic Decay in 2016’ in Annual Review of Constitution-Building 2016 (International IDEA, 2017)

Stephen Tierney, Asanga Welikala, and Tom Gerald Daly, ‘Developments in UK Constitutional Law’ in 2016 Global Review of Constitutional Law (I-CONnect-Clough Centre, 2017)

Anna Dziedzic (with Anne Carter), ‘Developments in Australian Constitutional Law’ in Richard Albert, David Landau, Pietro Faraguna and Simon Drugda (eds) 2016 Global Review of Constitutional Law (I∙CONnect‐Clough Center,

2017) 7‐11

Coel Kirkby, ‘A Cure for Coups: Th e South African Infl uence on Fijian Constitutionalism,’ in Rosalind Dixon and Th eunis Roux (eds), Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Infl uence (Cambridge University Press, 2017)

Kristen Rundle, ‘Opening the Doors of Inquiry: Lon Fuller and the Natural Law Tradition’, in Robert P. George and George Duke (eds), Th e Cambridge Companion to Natural Law Jurisprudence (Cambridge University Press, 2017).

Cheryl Saunders, ‘Executive Power in Federations’ in Amnon Lev (Ed), Federal Th eory (Hart Publishing, 2017), 145-164

Cheryl Saunders (with Adrienne Stone), ‘Th e High Court of Australia’ in Jakab, Dyevre, and Itzcovich, Comparative Constitutional Reasoning (CUP, 2017) 36-74

Stijn Smet, ‘When Human Rights Clash in “the Age of Subsidiarity”: What Role for the Margin of Appreciation?’, in Petr Agha (ed), Human Rights Between Law and Politics: Th e Margin of Appreciation in Post-National Contexts (Hart Publishing, 2017)

Scott Stephenson, ‘Reforming Constitutional Reform’ in Ron Levy et al (eds), New Directions for Law in Australia: Essays in Contemporary Law Reform (ANU Press, 2017) 369 http://press.anu.edu.au/publications/new-directions-law-australia

Adrienne Stone, ‘Michael Coper and the Enduring Appeal of Cole v Whitfi eld’ (forthcoming, Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper, Federation Press)

Joo-Cheong Th am and Keith Ewing, ‘Th e ‘Labour’ Chapter in the Trans-Pacifi c Partnership Agreement and its Implications for Australian Labour Law, in Anna Chapman, John Howe and Ingrid Landau (eds) Evolving Project of Labour Law, eds., Federation Press, Sydney

Lael Weis, ‘Constituting “the People”: Th e Paradoxical Place of the Formal Amendment Procedure in Australian Constitutionalism’, in Richard Albert, Xenophon Contiades and Alkmene Fotiadou (eds), Th e Foundations and Traditions of Constitutional Amendment, (Hart, 2017) 253. http://www.bloomsburyprofessional.com/uk/the-foundations-and-traditions-of-constitutional-amendment-9781509908264/

Lael Weis, ‘Does Australia Need a Popular Constitutional Culture?’, in Ron Levy et al, eds, New Directions in Law Reform for Australia (ANU Press, 2017) 377 http://dx.doi.org/10.22459/NDLA.09.2017.35


Journal articlesFarrah Ahmed (with Adam Perry), ‘Standing and CivicVirtue’, (2018) Law Quarterly Review 134: 239

Farrah Ahmed, ‘Th e Autonomy Rationale for Religious Freedom’ (2017) Modern Law Review 80 (2) 238–262

Farrah Ahmed (with Adam Perry), ‘Constitutional Statutes’(2017) Oxford Journal of Legal Studies 37 (2): 461-481

Erika Arban, ‘Seeing Law in Terms of Music: a Short Essay on Affi nities between Music and Law’, Cahiers de Droit, Vol. 58, No. 1-2, 2017

Erika Arban, ‘Exploring the Principle of (Federal) Solidarity’, Review of Constitutional Studies , November 2017

Michael Crommelin, ‘Book Review: Constitutional Conventions and the Headship of State: Australian Experience by Donald Markwell’, (2017) 40 Melbourne University Law Review 1132

Coel Kirkby, ‘Th e Past and Future of the World’s Smallest Global Court,’ Modern Law Review Forum, 6 June 2017, http://www.modernlawreview.co.uk/kirkby-robinson-bulkan/

Dylan Lino, ‘Towards Indigenous–Settler Federalism’ (2017) 28 Public Law Review 118

Dylan Lino, ‘Th inking Outside the Constitution on Indigenous Constitutional Recognition: Entrenching the Racial Discrimination Act’ (2017) 91 Australian Law Journal 381

Cheryl Saunders ‘Executive Power in Federations’ in 17 Jus Politicum (2017)

Cheryl Saunders, ‘Book review of Paul Craig, UK, EU and Global Administrative Law: Foundations and Challenges’ [2017] Cambridge Law Journal 461-464

Stijn Smet, ‘On the Existence and Nature of Confl icts between Human Rights at the European Court of Human Rights’, 17 Human Rights Law Review (2017), 499-521

Stijn Smet, ‘Gewetensbezwaren en de grenzen van verticale tolerantie in de liberale staat’, 109 Algemeen Nederlands Tijdschrift voor Wijsbegeerte (2017), 309-328

Stijn Smet, ‘Introduction – Confl icts of Rights in Th eoretical and Comparative Perspective’, in Stijn Smet and Eva Brems (eds), ‘When Human Rights Clash at the European Court of Human Rights: Confl ict or Harmony?’ (Oxford University Press, 2017)

Stijn Smet, ‘Confl icts between Human Rights and the ECtHR: Towards a Structured Balancing Test’, in ibid

Scott Stephenson, ‘Th e Study of Institutions in Constitutional Th eory’ (2017) 15 International Journal of Constitutional Law

850 https://academic.oup.com/icon/article/15/3/850/4582649?guestAccessKey=c6b2b348-d373-4820-81e8-b28fe2726baa

Adrienne Stone, ‘Viewpoint Discrimination, Hate Speech Laws, and the Double-sided Nature of Freedom of Speech’, (2017) 32 Constitutional Commentary 687

Lael Weis, ‘Environmental Constitutionalism: Aspiration or Transformation?’ International Journal of Constitutional Law (in press, accepted 12 August 2017).

Lael Weis, ‘“On Just Terms”, Revisited’ (2017) 45 Federal Law Review 223 https://fl r.law.anu.edu.au/fl r/article/just-terms-revisited

Lael Weis, ‘Constitutional Directive Principles’ (2017) Oxford Journal of Legal Studies https://doi.org/10.1093/ojls/gqx015

Contributions to Reference WorksAnna Dziedzic, ‘No Confi dence Votes’ in Max Planck Encyclopedia of Comparative Constitutional Law

Adrienne Stone, ‘New York Times v Sullivan’ in the Max Planck Encyclopaedia of Comparative Constitutional Law http://oxcon.ouplaw.com/home/MPECCOL

Adrienne Stone, ‘Constitutions, Gender and Freedom of Expression’ in Research Handbook on Gender and Constitutions, Helen Irving (ed)(2017) (with Katharine Gelber)

Blog Posts and Publications for a General AudienceDylan Lino, ‘Th e Uluru Statement: Towards Federalism with First Nations’ on AUSPUBLAW (13 June 2017) https://auspublaw.org/2017/06/towards-federalism-with-fi rst-nations

Cheryl Saunders, ‘What does ‘recognition’ for Indigenous Australians actually look like?’, Th e Age, 23 May http://www.theage.com.au/comment/what-does-recognition-for-indigenous-australians-actually-look-like-20170522-gwa9ll.html

Cheryl Saunders, ‘Australia’s First Nations Seek to be Heard: A Seminal Process, Outcomes Pending’, Constitution Net, 16 June 2017

Cheryl Saunders, ‘Canberra ignored constitutional timebomb for decades’, Th e Australian Financial Review (16 November 2017)

Stijn Smet, ‘Medžlis Islamske Zajednice Brčko v Bosnia and Herzegovina: A Simple Speech Case Made Unbelievably Complex?’, Strasbourg Observers, 9 August 2017 https://strasbourgobservers.com/2017/08/09/medzlis-islamske-zajednice-brcko-v-bosnia-and-herzegovina-a-simple-speech-case-made-unbelievably-complex/



Stijn Smet and Eva Brems, ‘Can marriage offi cers refuse to marry same-sex couples?’, OUPBlog, 9 October 2017 https://blog.oup.com/2017/10/marriage-offi cers-same-sex-couples/

Scott Stephenson, ‘Should Australia Have a Bill of Rights?’, Pursuit, 18 July 2017 https://pursuit.unimelb.edu.au/articles/should-australia-have-a-bill-of-rights

Gary Hansell and Adrienne Stone, ‘Public Servants, Social Media and the Constitution’ on AUSPUBLAW (5 September 2017) https://auspublaw.org/2017/09/public-servants-social-media-and-the-constitution/

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CCCS Annual Report 2017 - Melbourne Law School · In 2015, she was a member of the Advisory...

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Transcript of CCCS Annual Report 2017 - Melbourne Law School · In 2015, she was a member of the Advisory...