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.

Table Of Contents

1. Introduction: The Frontiers of Public Law

Jason NE Varuhas and Shona Wilson Stark



PART 1

PUBLIC LAW AND INTERNATIONAL LAW

2. Global Constitutionalism: Myth and Reality

Cheryl Saunders

3. Frontiers of Global Administrative Law in the 2020s

Benedict Kingsbury

4. National Security Policy-making in the Shadow of International Law: The Case of the PPG

Laura A Dickinson

5. Public Law in the UK after Brexit

Jack Beatson and Emma Foubister



PART 2

PUBLIC LAW AND INDIGENOUS PEOPLES

6. Indigenous Rights, Judges and Judicial Review in New Zealand

Matthew SR Palmer

7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context

Debbie Mortimer

8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State

Mary Liston

9. From the Heart: The Indigenous Challenge to Australian Public Law

Kirsty Gover

10. Public Law, Legitimacy and Indigenous Aspirations

Harry Hobbs

11. Places as Persons: Creating a New Framework for Maori-Crown Relations

Andrew Geddis and Jacinta Ruru



PART 3

PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW

12. Changing Boundaries: Crime, Punishment and Public Law

David Feldman

13. Discretionary Power and Consistency: Is the Sentencing Discretion Different?

Chris Maxwell

14. Public and Private Law: A Redundant Divide

Carol Harlow

15. The 'Contracting State' and the Public/Private Divide

ACL Davies

16. Public and Private Boundaries of Administrative Law

Margaret Allars



PART 4

PUBLIC LAW AND PUBLIC ADMINISTRATION

17. The Nature and Bounds of Executive Power: Keeping Pace with Change

KM Hayne

18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention

Anne Twomey

19. Fomenting Authoritarianism Th rough Rules About Rulemaking

Kathryn E Kovacs

20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle?

Shona Wilson Stark

21. The In-between Space of Administrative Justice: Reconciling Norms

at the Front Lines of Social Assistance Agencies

Jennifer Raso

22. A 'Culture of Justification'? Police Interpretation and Application of the Human Rights Act 1998

Richard Martin