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Constitutional Limits on Extra-Judicial Activity by State Judges: Wainohu and Conundrums of Incompatibility

Wheeler, Fiona


The Kable principle is transforming Australian constitutional law. This article examines one aspect of this transformation: the emerging separation of powers limitations on extra-judicial activity by state judges. Wainohu v New South Wales, decided by the High Court of Australia in 2011, established that ch III of the Australian Constitution constrains the legislative and executive functions that a state judge can validly undertake, in addition to their ordinary judicial role, even when those...[Show more]

CollectionsANU Research Publications
Date published: 2015
Type: Journal article
Source: Sydney Law Review


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