Detainees on Manus Island are seeking an injunction to prevent their removal to Nauru or elsewhere until Australia’s High Court hears their case.
If a new High Court claim against Australia's offshore detention regime succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.
Informed critique of the courts and their work is essential to the proper functioning of a democracy.
A "judicial activist", it seems, decides cases in favour of a preferred (non-“mainstream”) litigant or interest, to reach a result that is inconsistent with a conservative worldview.
The High Court is unlikely to be sympathetic to claims of discrimination against the microparties in the proposed Senate reforms.
A suggested constitutional challenge to the Senate reforms through the High Court is unlikely to succeed.
There is no endgame for refugees on either Manus Island or Nauru – no answer to where they are supposed to settle in the long term.
Parts of a High Court decision on the legality of offshore processing deal a crucial blow to the tired argument that what happens offshore is not Australia’s responsibility.
A Brisbane-born baby boy, whose parents are from Iran, is one of 37 babies who could be deported to Nauru.
The High Court has thrown out a challenge to the government's power to detain people offshore.
Judge Thokozile Masipa during Oscar Pistorius’ trial in the High Court.
The debate about the quality of High Court judges after the Pistorius trials reflects a different cultural clash in South Africa – one in which incompetence is often associated with black people.
The government’s revised citizenship-stripping bill improves upon the original proposal in a number of ways.
The government's revised citizenship-stripping bill adopted all recommendations made by a parliamentary committee. But it's still no certainty to survive a High Court challenge.
The Nauruan government’s announcements have already had a much greater effect in the High Court than on Nauru itself.
Many have claimed that the ending of detention on Nauru is a strategic move to undermine a constitutional challenge to Australia’s offshore detention regime, heard by the High Court this week.
The High Court unanimously accepted that limits on donations to parties and candidates are constitutional.
Constitutional judges are best seen as backstops, not as activists for one value like liberty over others like integrity and equality.
The decision is a win for 69-year-old Queensland breast cancer survivor Yvonne D'Arcy.
Australia's highest court has ruled a gene mutation linked to cancer cannot be patented, ending a long battle over whether companies can own the rights to genetic material.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role.
How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law.
Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.
Australia’s method of appointing judges to its highest courts is opaque and informal.
It is no criticism of Australia’s judiciary to say that it would be preferable, both for them and the public, if they took office after a more transparent process.
What options is Australia left with for same-sex marriage rights?
Tony Abbott raised several possibilities on Australia's road to achieving same-sex marriage. But the only way Australia will get there is through parliament.
Karen Nettleton, whose daughter and grandchildren are currently in Syria, has a made a public plea for her family to be allowed to return to Australia.
Whatever we think of the family of foreign fighter Khaled Sharrouf or their circumstances, they enjoy the right to return on the same footing as every other Australian citizen.
South Australia’s proposed anti-bikie laws criminalise the wearing of anything that indicates association with a declared ‘criminal organisation’ on licensed premises.
While South Australia's proposed anti-bikie laws may be constitutional, there are clear reasons why introducing them is at best premature – and at worst a very bad idea.
The Northern Territory’s ‘paperless arrest’ powers are at odds with recommendations by the Royal Commission into Aboriginal Deaths in Custody.
Northern Territory police powers to make 'paperless arrests' are completely contrary to recommendations by the Royal Commission into Aboriginal Deaths in Custody, and now the inevitable has happened.
The investigation that brought down the NSW Premier, Barry O'Farrell, is one of several that has put the powers of ICAC in the spotlight.
ICAC has claimed some high-profile scalps, prompting some claims that the watchdog is out of control. Yet our new research shows 99% of complaints don't proceed to a formal investigation.
The High Court has upheld a NSW Court of Appeal decision that ICAC had no power to investigate Crown prosecutor Margaret Cunneen.
The High Court has decided ICAC did not have the power to investigate a NSW Crown prosecutor, so the commission will have to review investigations involving the conduct of private individuals.
Three of the seven seats in the High Court of Australia will soon be filled by women judges.
Now that women will make up 40% of High Court judges come June 2015, is gender now irrelevant? Hardly. Women have made up slightly less than 10% of all High Court judges in the court’s history.