The Frontiers of Public Law

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

1. Introduction: The Frontiers of Public LawJason NE Varuhas and Shona Wilson Stark PART 1PUBLIC LAW AND INTERNATIONAL LAW2. Global Constitutionalism: Myth and Reality Cheryl Saunders3. Frontiers of Global Administrative Law in the 2020s Benedict Kingsbury4. National Security Policy-making in the Shadow of International Law: The Case of the PPG Laura A Dickinson5. Public Law in the UK after Brexit Jack Beatson and Emma Foubister PART 2PUBLIC LAW AND INDIGENOUS PEOPLES6. Indigenous Rights, Judges and Judicial Review in New Zealand Matthew SR Palmer7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context Debbie Mortimer8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State Mary Liston9. From the Heart: The Indigenous Challenge to Australian Public Law Kirsty Gover10. Public Law, Legitimacy and Indigenous Aspirations Harry Hobbs11. Places as Persons: Creating a New Framework for Maori-Crown Relations Andrew Geddis and Jacinta Ruru PART 3PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW12. Changing Boundaries: Crime, Punishment and Public Law David Feldman13. Discretionary Power and Consistency: Is the Sentencing Discretion Different?Chris Maxwell14. Public and Private Law: A Redundant Divide Carol Harlow15. The 'Contracting State' and the Public/Private Divide ACL Davies16. Public and Private Boundaries of Administrative Law Margaret Allars PART 4PUBLIC LAW AND PUBLIC ADMINISTRATION17. The Nature and Bounds of Executive Power: Keeping Pace with Change KM Hayne18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention Anne Twomey19. Fomenting Authoritarianism Th rough Rules About Rulemaking Kathryn E Kovacs20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle? Shona Wilson Stark21. The In-between Space of Administrative Justice: Reconciling Normsat the Front Lines of Social Assistance Agencies Jennifer Raso22. A 'Culture of Justification'? Police Interpretation and Application of the Human Rights Act 1998 Richard Martin