case studies Flashcards
chapter 1
Novak Djokovic loses court appeal, deported from Australia
11PAL - role of executive and judicial branches of government
Djokovic flew to Melbourne for the tennis grand slam tournament on January 5 2022 and although unvaccinated for COVID19 was allowed with an exemption based on a recent COVID19 infection. The public did not approve of this as he was unvaccinated and being treated differently because of his status. Immigration minister put him into detention, where Djokovic challenged this decision and got out. After some days minister cancelled his visa again, and Djokovics lawyers challenged this in the Federal court but they ruled against tennis star.
This shows judiciary (federal court) holds executive (minister) accountable, in this instance 2 cases were heard. 1st Djovikcs lawyer proved there was not fairness by minister, 2nd federal court proved minister had acted lawfully.
chapter 2
Judge held accountable for apprehend bias
11 PAL - strengths and weaknesses of Western Australia’s adversarial (trial) process
could be used for chapter 4 as democracy, accountable judiciary aswell
Charisteas v Charisteas
In 2011 a couple went to WA supreme court where the court made Property Orders, regarding a joint property. In 2015 Justice John Walters said power to make new laws under Family Law Act 1975. In 2018 Judge made a decision on case. Was found out that judge and wife were communicating often between 2016-18 without husband consent. Judge told no one. High Court held judge accountable for bias, lead to recommendations concerning judges and court procedures.
Judges must be impartial (equal) and not look like they’re being bias to a regular person or else “apprehension of bias” has grounds to appeal.
chapter 3
Mr Morrison’s secret ministries
11 PAL - the Westminster system of government
Prime minister Scott Morison secretly appointed himself co-minister in at least 5 portfolios, and not all of the original ministers were aware he had done this. Morison could have done this without hiding it through Administration Arrangements Orders or by being an acting member. The governor general must have appointed Morrison to multiple ministries under section 64 of the constitution. He soon apologised to his colleagues but the question being asked is “should the governor general have warned Mr Morrison the secrecy undermines responsible government?” even though it was all legal.
In traditional Westminster system, the prime minister is equal (legal and constitutionally) to other ministers, but in practice they have more power because of other factors.
chapter 4
Hungarys weak rule of law challenged by democratic partners
11PAL - structures and processes of one non-democratic political and legal system
European Union is a confederation of liberal democratic nation states. Sovereignty is vested in these nation states, countries. Article 7 of EU treaty enables sanctions against member states who undermine the law. Article 7 also says members who uphold rule of law get euro7.5 billion funds. Hungary and Poland tried to challenge this as they are very problematic with rule of law. Other countries warned them they would lose money. After war Hungary is pro Russia and therefore pro autocracy. Hungary has to decide if it will ally Russia or be fully democratic to receive EU funds.
This shows there aren’t only full democracies and full autocracies. There is middle ground “illiberal democracies” such as Hungary and Poland.
chapter 5
Court defines casual work - Parliament to legislate
11 PAL - types of laws, common law, statute law
Workpac vs Skene 2018
Workpac vs Rossato 2020
Skene and Rossato both were casual workers whose work was more like permanent work, and both went to court to get permanent work entitlements such as paid annual leave and more. Rossato relied on Skenes case. Although casual workers get extra 25% casual loading, these 2 men made Workpac liable for millions of other casual workers who wanted more. So in December 2020 the Morrison government introduced an Industrial Relations (IR) bill that overrides common law and allows casual workers to ask for conversion to permanent employment after 12 months.
This shows how common law can be created and courts and parliament can interact to create new law.
