The controversial ‘Love’ decision – Comments in The Guardian Australia (16 October 2021)

In October 2021, I was invited to comment on the Morrison Government's challenge to the controversial decision in Love and Thoms. I argued that the High Court has never been bound by its past decisions and - consistent with the principle of judicial independence - should not be discouraged from reconsidering them when it deems … Continue reading The controversial ‘Love’ decision – Comments in The Guardian Australia (16 October 2021)

Reflections on the Engineers’ decision, 100 years on

Earlier this month I was published in The Spectator to mark the 100-year anniversary of the Engineers' decision on 31 August 1920. One of the most consequential High Court decisions in Australian history, the Engineers' case effectively re-wrote the core assumptions that had previously underpinned the interpretation of Commonwealth legislative power under the Constitution. Here … Continue reading Reflections on the Engineers’ decision, 100 years on