Melbourne Law School - Research Publications
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ItemGovernment control of royal assent in Victoria( 2006)The giving of royal assent to proposed laws was the centre of a controversy in Victoria in 2005. These events directed fresh attention to the power of the Queen's representative, the Governor, and of the Victorian Government, over Bills that have passed both Houses of Parliament but not yet become law. This article comments on the legal basis of royal assent and the question of whether the government can advise the Governor to withhold assent to a Bill that has passed both Houses.
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ItemBlocking supply in Victoria( 2002)In Australian parliaments, the power to block supply (where it survives) is the ultimate weapon of an upper house majority that wants to force the Government to call an election. Its effect is to cut off the Government authority to continue the part of its spending that Parliament must authorise afresh each year. This article comments on the distinctive law and history concerning supply deadlocks in Victoria, where the upper house has blocked supply more often than in any other Australian parliament.
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ItemMinority government in Victoria( 2000)State elections in Victoria, Australia, in September 1999 resulted in a hung parliament. This comment notes the constitutional situation that followed the election and the agreement between the Opposition and three independent members of parliament that led to a change of government.
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ItemA question of capacity: the case of Justice Bruce( 1998)In 1998, complaints against Justice Vince Bruce of the New South Wales Supreme Court led to an investigation by the state's Judicial Commission and a parliamentary debate on the judge's removal. This comment notes the history of removal of judges in Australia, the framework for investigation of judicial complaints in New South Wales, and the outcome of the inquiry into Justice Bruce.
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ItemThe Victorian government and the jurisdiction of the Supreme Court( 1996)In the mid-1990s, controversy erupted over the number of acts of parliament that were reducing the jurisdiction of the Supreme Court of Victoria. This article analyses the legislation that led to this controversy, the significance of Victoria distinctive constitutional entrenchment of Supreme Court jurisdiction, and other aspects of the constitutional position of the Supreme Court.