Legislative amendment directed towards a particular individual, company and dispute: the separation of powers and other constitutional issues

Gray, Anthony (2021) Legislative amendment directed towards a particular individual, company and dispute: the separation of powers and other constitutional issues. Public Law Review, 32 (2). pp. 112-131. ISSN 1034-3024


Abstract

This article considers the constitutionality of Western Australian legislation directed at a particular dispute involving the Western Australian government and a high profile businessman, and his company. It concludes that the legislation is a serious infringement of the separation of powers principle, involving the legislature purporting to exercise judicial power, in a manner that ought be considered constitutionally invalid.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 23 Aug 2021 23:42
Last Modified: 17 Nov 2021 04:14
Uncontrolled Keywords: separation of powers; judicial power; Kable legislative power; boilermakers; liyanage
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230406 Legal processes
URI: http://eprints.usq.edu.au/id/eprint/43416

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