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Full-Text Articles in Law
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
The University of Notre Dame Australia Law Review
This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.
Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan
Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan
The University of Notre Dame Australia Law Review
The Commonwealth of Australia has begun the implementation of a new front package labelling system for packaged food products. Despite calls from various health groups advocating for a mandatory front package labelling system, the Commonwealth opted for a voluntary system that relies on the goodwill of individual companies for its implementation. In discussing Australia’s obesity epidemic that has given rise to a need for front package labelling, this paper examines the constitutionality of mandatory front package labelling requirements. It argues that as the Commonwealth Government has the requisite jurisdiction to make the system mandatory it should forego voluntary implementation in …
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
The University of Notre Dame Australia Law Review
John Rawls’ idea of public reason holds that comprehensive doctrines including religion should not be allowed a voice in the public square. Such ideas prevent society achieving that ‘overlapping consensus’ which is said to be a requirement for enduring peace and progress. However, the suggestion that some ideas should be excluded from public debate is anti-democratic. This article reviews Rawls’ idea of public reason’ against its US legal context and suggests it was a response to US Supreme Court decisions concerning their First Amendment. Though our framers copied most of that clause into the Australian Constitution, the High Court has …