University of Queensland Law Journal

Articles from Vol. 31, No. 2, December

American Federalism and the Tragedy of Gonzales V Raich
In this essay I contend that Gonzales v Raich (2005), (1) popularly known as the medical marijuana case, was the U.S. Supreme Court's worst modern decision. The indictment rests on four propositions. First, Raich is shockingly implausible even on its...
Barclay V Penberthy and the Collapse of the High Court's Tort Jurisprudence
I FACTS AND FINDINGS Five employees of the plaintiff company were injured in a plane crash. Two died. The accident occurred because of a substandard part negligently designed by an engineer (the first defendant) that caused one of the plane's engines...
Bridgewater V Leahy-A Bridge Too Far?
I Introduction Decisions of superior appellate courts, particularly those from the senior court in a jurisdictional hierarchy, such as the High Court of Australia (which of course sits at the top of a number of judicial hierarchies), can be judged...
Causation in English Tort Law: Still Wrong after All These Years
To the question--when may a claimant recover substantial damages from a defendant despite being unable to prove that the defendant's wrongful conduct caused her damage?--English tort law gives an incoherent and unjust answer. After briefly outlining...
Imperfection and Inconvenience: Boilermakers' and the Separation of Judicial Power in Australia
'Persuade thyself that imperfection and inconvenience are the natural lot of mortals, and there will be no room for discontent, neither for despair.' Ieyasu Tokagawa Shogun (1543-1616) I IMPERFECTION AND INCONVENIENCE: AN INTRODUCTION This...
Rowe V Electoral Commissioner-Evolution or Creationism?
I INTRODUCTION The majority judgments in Rowe v Electoral Commissioner are extraordinary on a number of grounds. First, they propound a theory of constitutional evolution that rivals both originalism and progressivism as a new form of constitutional...
The Fuzzy Boundaries of (Un)constitutionality: Two Tales of Political Jurisprudence
Having studied comparative constitutional law for over fifteen years, one of the things that becomes strikingly apparent are attempts by courts to portray obvious political rulings as stemming from an established constitutional doctrine. In this short...
What Was That Thing You Said? the NZ Supreme Court's Vexing Vector Gas Decision
I WHAT IS IT WE ARE LOOKING FOR? our task in this themed issue is to identify the worst decision handed down by New Zealand's top court in the last quarter-century (and, presumably, defend our choice through some form of reasoned analysis). To accomplish...