The Separation of Powers and the Mineralogy/Palmer Litigation

Edited book (chapter)

Gray, Anthony. 2022. "The Separation of Powers and the Mineralogy/Palmer Litigation." Thompson, A. Keith (ed.) Current Issues in Australian Constitutional Law. Redland Bay, Australia. Connor Court Publishing. pp. 63-92

Authors
Chapter Title	The Separation of Powers and the Mineralogy/Palmer Litigation
Book Chapter Category	Edited book (chapter)
ERA Publisher ID	1592
Book Title	Current Issues in Australian Constitutional Law
Author	Gray, Anthony
Editors	Thompson, A. Keith
Page Range	63-92
Chapter Number	2
Number of Pages	30
Year	2022
Publisher	Connor Court Publishing
Place of Publication	Redland Bay, Australia
ISBN	9781922815125
Web Address (URL)	https://www.connorcourtpublishing.com.au/CURRENT-ISSUES-IN-AUSTRALIAN-CONSTITUTIONAL-LAW--A-KEITH-THOMPSON-Editor_p_498.html
Abstract	In a landmark decision in 1996, a majority of the High Court found that the principle of separation of powers could be effectively drawn down from the Australian Constitution so as to be applicable to the state context. The principle is axiomatic as part of constitutional governance, seeking to enshrine checks and balances as a means of limiting the power of the state against individuals. Recently, the Western Australian Parliament passed legislation specifically naming and targeting an individual and organisation, in relation to particular matters in dispute. Effectively, the legislation rendered court proceedings pointless, because it effectively ordered courts not to review or quash government decisions or to provide a remedy in the event it found a law had been breached. The High Court validated the measure. This article argues there were good arguments in favour of the law being held invalid. The decision to validate such measures also imperils the rule of law.
Keywords	Separation of powers, Kahle, Clive Palmer, Western Australia,usurpation, judicial power, Chapter III, Australian Constitution
ANZSRC Field of Research 2020	480702. Constitutional law
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice
Institution of Origin	University of Southern Queensland

Permalink -

https://research.usq.edu.au/item/q7qvv/the-separation-of-powers-and-the-mineralogy-palmer-litigation

161
total views
4
total downloads
3
views this month
0
downloads this month

Export as

Related outputs

Viability of a Psychiatric Injury Claim for Bystanders Who Witnessed and Rescuers Who Attended the Sea World Helicopter Accident

Gray, Anthony. 2024. "Viability of a Psychiatric Injury Claim for Bystanders Who Witnessed and Rescuers Who Attended the Sea World Helicopter Accident." Australian Law Journal. 98 (2), pp. 140-158.

SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team

Collins, Pauline and Gray, Anthony. 2024. "SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team." Australian Law Journal. 98 (1), pp. 57-68.

Freedom of Speech in the Woke Era: Critical Race Theory and State Neutrality

Gray, Anthony. 2023. "Freedom of Speech in the Woke Era: Critical Race Theory and State Neutrality." Western Australian Jurist. 12 (1), pp. 71-114.

High Court Holds State Consumption Taxes Constitutionally Invalid

Gray, Anthony. 2023. "High Court Holds State Consumption Taxes Constitutionally Invalid." Austaxpolicy .

Relational Contract Theory, the Relevance of Contract Performance in Contract Interpretation and its Relevance to Employment Law in the United Kingdom and Australia

Gray, Anthony Davidson. 2023. "Relational Contract Theory, the Relevance of Contract Performance in Contract Interpretation and its Relevance to Employment Law in the United Kingdom and Australia." Common Law World Review. 52 (2-3), pp. 61-100. https://doi.org/10.1177/14737795231188384

The Treatment of Young Transgender People and the Law

Gray, Anthony. 2023. "The Treatment of Young Transgender People and the Law." Journal of Law and Medicine. 30 (2), pp. 430-458.

Consumption Taxes and Section 90 of the Australian Constitution

Gray, Anthony. 2023. "Consumption Taxes and Section 90 of the Australian Constitution." Australian Tax Forum: a journal of taxation policy, law and reform. 38 (2), pp. 305-330.

Possessory title: Its salience to the Torrens systems of Australian states

Gray, Anthony and Copley, Julie. 2023. "Possessory title: Its salience to the Torrens systems of Australian states ." Australian Property Law Journal. 30 (3), pp. 235-260.

Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law

Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.

The Doctrine of Command Responsibility in Australian Military Law

Gray, Anthony. 2022. "The Doctrine of Command Responsibility in Australian Military Law." University of New South Wales Law Journal. 45 (3), pp. 1251-1287.

Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective

Gray, Anthony Davidson. 2022. "Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective." Common Law World Review. 51 (3), pp. 198-228. https://doi.org/10.1177/14737795211071100

Proportionality in Australian Constitutional Law: Next Stop Section 116?

Gray, Anthony. 2022. "Proportionality in Australian Constitutional Law: Next Stop Section 116?" Australian Journal of Law and Religion. 1 (1), pp. 103-105.

Reform to the Law of Consent: A Tale of Two States

Gray, Anthony. 2022. "Reform to the Law of Consent: A Tale of Two States." Journal of Judicial Administration. 31 (4), pp. 229-247.

Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation

Gray, Anthony. 2022. "Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation." Australian Journal of Administrative Law. 29 (1), pp. 21-42.

The Historical Development of the Fault Basis of Liability in the Law of Tort

Gray, Anthony. 2022. "The Historical Development of the Fault Basis of Liability in the Law of Tort." McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) The Impact of Law's History: What's Past is Prologue. Switzerland. Springer. pp. 105-130

An Adverse View of Adverse Possession

Gray, Anthony. 2022. "An Adverse View of Adverse Possession." Australian Law Journal. 96 (1), pp. 21-35.

The Evolution from Strict Liability to Fault in the Law of Torts

Gray, Anthony. 2021. The Evolution from Strict Liability to Fault in the Law of Torts. Oxford, United Kingdom. Hart Publishing.

The constitutional validity of state royalty schemes and profit-based schemes

Gray, Anthony. 2021. "The constitutional validity of state royalty schemes and profit-based schemes." Australian Tax Forum: a journal of taxation policy, law and reform. 36 (4), pp. 551-572.

The Defence of Superior Orders (and Related Defences) in Australian Military Law

Gray, Anthony. 2022. "The Defence of Superior Orders (and Related Defences) in Australian Military Law." Adelaide Law Review. 43 (2), pp. 678-715.

The Tort of Misuse of Public Office: Suggested Clarifications and Reforms

Gray, Anthony. 2022. "The Tort of Misuse of Public Office: Suggested Clarifications and Reforms." Monash University Law Review. 48 (2), pp. 97-131.

Proportionality in Australian Constitutional and Administrative Law

Gray, Anthony. 2022. "Proportionality in Australian Constitutional and Administrative Law." University of Tasmania Law Review. 41 (1), pp. 7-40.

Determining Whether an Employment or Independent Contractor Relationship Exists and the Relevance of Contractual Performance to its Interpretation

Gray, Anthony. 2022. "Determining Whether an Employment or Independent Contractor Relationship Exists and the Relevance of Contractual Performance to its Interpretation." Australian Business Law Review. 50 (4), pp. 270-290.

Vanderstock v Victoria: Are "True" Consumption Taxes Forbidden to the States by Section 90 of the Australian Constitution?

Gray, Anthony. 2022. "Vanderstock v Victoria: Are "True" Consumption Taxes Forbidden to the States by Section 90 of the Australian Constitution?" The Sydney Law Review. 44 (4), pp. 591-603.

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.

The Australian government's use of the military in an emergency and the Constitution

Gray, Anthony. 2021. "The Australian government's use of the military in an emergency and the Constitution." University of New South Wales Law Journal. 44 (1), pp. 355-391.

Public servants and the implied freedom of political communication

Gray, Anthony Davidson. 2021. "Public servants and the implied freedom of political communication." Federal Law Review. 49 (1), pp. 3-39. https://doi.org/10.1177/0067205X20973477

The Legality of Denial of Service to Same-Sex Partners and Organisations: Developments in the United Kingdom, United States and Australia

Gray, Anthony. 2021. "The Legality of Denial of Service to Same-Sex Partners and Organisations: Developments in the United Kingdom, United States and Australia." Canberra Law Review. 17 (2), pp. 71-88.

Corporations and their contributions to public debates

Gray, Anthony. 2020. "Corporations and their contributions to public debates." Australian Journal of Corporate Law. 36 (1), pp. 66-98.

Executive detention in the time of a pandemic

Gray, Anthony. 2020. "Executive detention in the time of a pandemic." Australian Journal of Administrative Law. 27 (4), pp. 198-216.

Fiscal arrangements in the Australian federal system

Gray, Anthony. 2020. "Fiscal arrangements in the Australian federal system." Breda, Vito and Frau, Matteo (ed.) La contrattazione costituzionale dei livelli di autonomia: modelli per una comparazione. Naples, Italy. Editoriale Scientifica. pp. 109-128

COVID-19, border restrictions and section 92 of the Australian Constitution

Gray, Anthony. 2020. "COVID-19, border restrictions and section 92 of the Australian Constitution." Western Australian Jurist. 11 (1), pp. 99-136.

Free speech and secondary boycott activity in Australia

Gray, Anthony. 2020. "Free speech and secondary boycott activity in Australia." Australian Business Law Review. 48 (5), pp. 382-405.

The evolution from strict liability to negligence: when and why? Part II

Gray, Anthony. 2020. "The evolution from strict liability to negligence: when and why? Part II." Australian Law Journal. 94 (9), pp. 699-708.

The evolution from strict liability to negligence: when and why? Part 1

Gray, Anthony. 2020. "The evolution from strict liability to negligence: when and why? Part 1." Australian Law Journal. 94 (8), pp. 614-630.

Change the Rules: Reform of the Economic Torts in Australia

Gray, Anthony. 2020. "Change the Rules: Reform of the Economic Torts in Australia." Flinders Law Journal. 21 (2), pp. 295-344.

Three suggested amendments to Australia's defamation laws

Gray, Anthony. 2020. "Three suggested amendments to Australia's defamation laws." Alternative Law Journal . 45 (2), pp. 94-100. https://doi.org/10.1177/1037969X19887560

Chapter III of the Constitution and the protection of due process rights

Gray, Anthony. 2019. "Chapter III of the Constitution and the protection of due process rights." Groves, Matthew, Boughey, Janina and Meagher, Dan (ed.) The legal protection of rights in Australia. Oxford, United Kingdom. Hart Publishing. pp. 31-51

Strict liability in the law of defamation

Gray, Anthony. 2019. "Strict liability in the law of defamation." Tort Law Review. 27 (2), pp. 81-99.

Sponsor pressure to discipline employees who have unexpressed unwelcome views and reform of the business torts in Australia

Gray, Anthony. 2019. "Sponsor pressure to discipline employees who have unexpressed unwelcome views and reform of the business torts in Australia." Australian Business Law Review. 47 (5), pp. 349-363.

The punishment of journalists for contempt for refusing to reveal their sources in court

Gray, Anthony. 2019. "The punishment of journalists for contempt for refusing to reveal their sources in court." Journal of Judicial Administration. 29 (2), pp. 60-81.

Freedom of speech in practice: controversial applications of law and theory

Gray, Anthony. 2019. Freedom of speech in practice: controversial applications of law and theory. Maryland, United States. Lexington Books.

The lawfulness of the dismissal/termination of an employee who has expressed 'unwelcome' religious views

Gray, Anthony. 2019. "The lawfulness of the dismissal/termination of an employee who has expressed 'unwelcome' religious views." Australian Business Law Review. 47 (4), pp. 260-280.

Freedom of Speech in the Western World: Comparison and Critique

Gray, Anthony. 2019. Freedom of Speech in the Western World: Comparison and Critique. Maryland, United States. Lexington Books.

A critique of the enterprise risk theory of vicarious liability

Gray, Anthony. 2019. "A critique of the enterprise risk theory of vicarious liability." Canadian Business Law Journal. 62 (2), pp. 181-210.

The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution

Gray, Anthony Davidson. 2019. "The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution." Common Law World Review. 48 (3), pp. 142-175. https://doi.org/10.1177/1473779519863070

The liability of search engines and tech companies in defamation law

Gray, Anthony. 2019. "The liability of search engines and tech companies in defamation law." Tort Law Review. 27 (1), pp. 18-36.

Defamation law reform in Australia: the multiple publication rule

Gray, Anthony. 2019. "Defamation law reform in Australia: the multiple publication rule." Tort Law Review. 27 (1), pp. 3-17.

The incomplete legal transplant – good faith and the common law

Gray, Anthony. 2019. "The incomplete legal transplant – good faith and the common law." Breda, Vito (ed.) Legal transplants in East Asia and Oceania. Cambridge, United Kingdom. Cambridge University Press. pp. 111-131

A novel framework for distress detection through an automated speech processing system

Rana, Rajib, Gururajan, Raj, Mackenzie, Geraldine, Dunn, Jeff, Gray, Anthony, Zhou, Xujuan, Barua, Prabal Datta, Epps, Julien and Humphris, Gerald Michael. 2018. "A novel framework for distress detection through an automated speech processing system." 2018 IEEE/WIC/ACM International Conference on Web Intelligence (WI 2018). Santiago, Chile 03 - 06 Dec 2018 Los Alamitos, CA, United States. https://doi.org/10.1109/WI.2018.00-29

The offence of sedition: its history, its current status in Australian and international law, and its constitutionality

Gray, Anthony. 2019. "The offence of sedition: its history, its current status in Australian and international law, and its constitutionality." Australian Bar Review. 47 (2), pp. 159-180.

Automated screening for distress: A perspective for the future

Rana, Rajib, Latif, Siddique, Gururajan, Raj, Gray, Anthony, Mackenzie, Geraldine, Humphris, Gerald and Dunn, Jeff. 2019. "Automated screening for distress: A perspective for the future." European Journal of Cancer Care. 28 (4). https://doi.org/10.1111/ecc.13033

Internment of Australian terrorism suspects and the Australian Constitution

Gray, Anthony. 2019. "Internment of Australian terrorism suspects and the Australian Constitution." Australian Law Journal. 93 (4), pp. 300-320.

Is the seal of the confessional protected by Constitutional or common law?

Gray, Anthony. 2018. "Is the seal of the confessional protected by Constitutional or common law?" Monash University Law Review. 44 (1), pp. 112-150.

Internment of terrorism suspects: human rights and constitutional issues

Gray, Anthony. 2018. "Internment of terrorism suspects: human rights and constitutional issues." Australian Journal of Human Rights. 24 (3), pp. 307-325. https://doi.org/10.1080/1323238X.2018.1523659

Vicarious liability: critique and reform

Gray, Anthony. 2018. Vicarious liability: critique and reform. Oxford, UK and Portland, Oregon, US. Hart Publishing.

The enterprise risk theory of vicarious liability

Gray, Anthony. 2018. "The enterprise risk theory of vicarious liability." Australian Business Law Review. 46 (3), pp. 178-196.

Punitive damages: time for re-examination

Gray, Anthony. 2018. "Punitive damages: time for re-examination." Tort Law Review. 26 (1), pp. 18-37.

Mandatory sentencing around the world and the need for reform

Gray, Anthony. 2017. "Mandatory sentencing around the world and the need for reform." New Criminal Law Review: an international and interdisciplinary journal. 20 (3), pp. 391-432. https://doi.org/10.1525/nclr.2017.20.3.391

The presumption of innocence under attack

Gray, Anthony. 2017. "The presumption of innocence under attack." New Criminal Law Review: an international and interdisciplinary journal. 20 (4), pp. 569-615. https://doi.org/10.1525/nclr.2017.20.4.569

Public sector employees and the freedom of political communication

Gray, Anthony. 2018. "Public sector employees and the freedom of political communication." Alternative Law Journal . 43 (1), pp. 10-16. https://doi.org/10.1177/1037969X17748213

Contempt and the Australian Constitution - Part II

Gray, Anthony. 2018. "Contempt and the Australian Constitution - Part II." Journal of Judicial Administration. 27 (2), pp. 55-73.

Contempt and the Australian Constitution - part I

Gray, Anthony. 2017. "Contempt and the Australian Constitution - part I." Journal of Judicial Administration. 27 (1), pp. 3-20.

Re-invigorating non-delegable duties in Australia?

Gray, Anthony. 2017. "Re-invigorating non-delegable duties in Australia?" Tort Law Review. 25 (2), pp. 59-78.

Presumption of innocence in peril: a comparative critical perspective

Gray, Anthony. 2017. Presumption of innocence in peril: a comparative critical perspective. Maryland, USA. Lexington Books.

Family provision applications: a critique

Gray, Anthony. 2017. "Family provision applications: a critique." Australian Law Journal. 91 (9), pp. 750-768.

Presumption of innocence in peril

Gray, Anthony. 2017. "Presumption of innocence in peril." Alternative Law Journal . 42 (2), pp. 96-101. https://doi.org/10.1177/1037969X17710613

Papers in legal studies - Part 1

Gray, Anthony. 2011. Papers in legal studies - Part 1. Brisbane, Australia. Business Educators' Association of Queensland.

Liability of educational providers to victims of abuse: a comparison and critique

Gray, Anthony. 2017. "Liability of educational providers to victims of abuse: a comparison and critique." The Sydney Law Review. 39 (2), pp. 167-197.

The status of sanctuary in Australian law

Gray, Anthony. 2016. "The status of sanctuary in Australian law." Monash University Law Review. 42 (3), pp. 685-711.

The inclusion of ex-prisoners on juries

Gray, Anthony. 2017. "The inclusion of ex-prisoners on juries." Journal of Judicial Administration. 26 (2), pp. 59-75.

The law of penalties and the question of breach

Gray, Anthony. 2017. "The law of penalties and the question of breach." Australian Business Law Review. 45 (1), pp. 8-27.

Presumption of innocence in Australia: a threatened species

Gray, Anthony. 2016. "Presumption of innocence in Australia: a threatened species." Criminal Law Journal. 40 (5), pp. 262-282.

The protection of voting equality in Australia

Gray, Anthony. 2016. "The protection of voting equality in Australia." Federal Law Review. 44 (3), pp. 557-585.

Is the representative nature of juries justiciable?

Gray, Anthony. 2016. "Is the representative nature of juries justiciable?" Journal of Judicial Administration. 26 (1), pp. 31-48.

Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?

Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.

The reconciliation of freedom of religion with anti-discrimination rights

Gray, Anthony. 2016. "The reconciliation of freedom of religion with anti-discrimination rights." Monash University Law Review. 42 (1), pp. 72-108.

Criminal due process and chapter III of the Australian Constitution

Gray, Anthony. 2016. Criminal due process and chapter III of the Australian Constitution. Annandale, New South Wales. Federation Press.

Section 92 of the Australian Constitution: the next phase

Gray, Anthony. 2016. "Section 92 of the Australian Constitution: the next phase." Australian Business Law Review. 44 (1), pp. 35-60.

Liability of police in negligence: a comparative analysis

Gray, Anthony. 2016. "Liability of police in negligence: a comparative analysis." Tort Law Review. 24 (1), pp. 34-62.

The liability of providers of mental health professionals in negligence

Gray, Anthony. 2015. "The liability of providers of mental health professionals in negligence." University of Western Australia Law Review. 40 (1), pp. 163-197.

The liability of providers of mental health services in negligence

Gray, Anthony. 2015. "The liability of providers of mental health services in negligence." Deakin Law Review. 20 (2), pp. 221-262.

The right to confrontation in common law systems: A critical comparison

Gray, Anthony. 2015. "The right to confrontation in common law systems: A critical comparison." New Criminal Law Review: an international and interdisciplinary journal. 18 (1), pp. 129-165. https://doi.org/10.1525/nclr.2015.18.1.129

Wilkinson v Downton: new Work for an old tort to do

Gray, Anthony. 2015. "Wilkinson v Downton: new Work for an old tort to do." Tort Law Review. 23 (3), pp. 127-147.

Good faith in Australian contract law after Barker

Gray, Anthony. 2015. "Good faith in Australian contract law after Barker." Australian Business Law Review. 43 (5), pp. 358-378.

Development of good faith in Canada, Australia and Great Britain

Gray, Anthony. 2015. "Development of good faith in Canada, Australia and Great Britain." Canadian Business Law Journal. 57 (1), pp. 84-119.

Preventive detention in New Zealand: a critical comparative analysis

Gray, Anthony. 2015. "Preventive detention in New Zealand: a critical comparative analysis." New Zealand Universities Law Review. 26 (3), pp. 557-586.

The Australian quarantine and biosecurity legislation: constitutionality and critique

Gray, Anthony. 2015. "The Australian quarantine and biosecurity legislation: constitutionality and critique." Journal of Law and Medicine. 22 (4), pp. 788-810.

Constitutional right of access to courts in Australia: the case of prisoners

Gray, Anthony. 2015. "Constitutional right of access to courts in Australia: the case of prisoners." Journal of Judicial Administration. 24 (4), pp. 236-264.

Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required

Gray, Anthony. 2014. "Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required." Monash University Law Review. 40 (3), pp. 920-941.

Reinvigorating the trade and commerce power

Gray, Anthony. 2015. "Reinvigorating the trade and commerce power." Australian Business Law Review. 43 (2), pp. 101-120.

Compulsory marketing schemes and Section 92 of the Australian Constitution

Gray, Anthony. 2014. "Compulsory marketing schemes and Section 92 of the Australian Constitution." University of Tasmania Law Review. 33 (2), pp. 317-344.

Donation and spending limits in political finance law and their compatibility with the Australian Constitution

Gray, Anthony. 2014. "Donation and spending limits in political finance law and their compatibility with the Australian Constitution." Australian Journal of Politics and History. 60 (4), pp. 592-605. https://doi.org/10.1111/ajph.12078

Reviewing the reviewers

Gray, Anthony. 2014. "Reviewing the reviewers." Alternative Law Journal . 39 (4), pp. 263-267.

The manifestation of religious belief through dress: Human hights and constitutional issues

Gray, Anthony. 2014. "The manifestation of religious belief through dress: Human hights and constitutional issues." European Journal of Law Reform. 16 (2), pp. 329-352.

Executive detention and the Australian Constitution

Gray, Anthony. 2014. "Executive detention and the Australian Constitution." Australian Journal of Administrative Law. 22 (1), pp. 43-62.

Papers in legal studies part 2

Gray, Anthony. 2014. Papers in legal studies part 2. Brisbane, Australia. Business Educators' Association of Queensland.

The constitutionality of Queensland's recent (legal) war on 'bikies'

Gray, Anthony. 2014. "The constitutionality of Queensland's recent (legal) war on 'bikies'." Deakin Law Review. 19 (1), pp. 51-87.

A comparison and critique of closed court hearings

Gray, Anthony. 2014. "A comparison and critique of closed court hearings." International Journal of Evidence and Proof. 18 (3), pp. 230-259. https://doi.org/10.1350/ijep.2014.18.3.455

Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia

Gray, Anthony. 2014. "Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia." Federal Law Review. 42 (1), pp. 67-89.

The right to silence: using American and European law to protect a fundamental right

Gray, Anthony. 2013. "The right to silence: using American and European law to protect a fundamental right." New Criminal Law Review: an international and interdisciplinary journal. 16 (4), pp. 527-567. https://doi.org/10.1525/NCLR.2013.0038

Constitutionally protected due process and the use of criminal intelligence provisions

Gray, Anthony. 2014. "Constitutionally protected due process and the use of criminal intelligence provisions." University of New South Wales Law Journal. 37 (1), pp. 125-161.

Securing felons' voting rights in America

Gray, Anthony. 2014. "Securing felons' voting rights in America." Berkeley Journal of African-American Law and Policy. 16 (1), pp. 3-31.

Unfair contract terms: termination for convenience

Gray, Anthony. 2013. "Unfair contract terms: termination for convenience." University of Western Australia Law Review. 37 (1), pp. 229-252.

Freedom of association in the Australian Constitution and the crime of consorting

Gray, Anthony. 2013. "Freedom of association in the Australian Constitution and the crime of consorting." University of Tasmania Law Review. 32 (2), pp. 149-183.

Comparative religious freedom: the right to wear religious dress

Gray, Anthony. 2013. "Comparative religious freedom: the right to wear religious dress." Karraker, Meg Wilkes (ed.) The other people: interdisciplinary perspectives on migration. New York, NY. United States. Palgrave Macmillan. pp. 167-182

Withholding government funding: a breach of freedom of political communication

Gray, Anthony. 2013. "Withholding government funding: a breach of freedom of political communication." Alternative Law Journal . 38 (4), pp. 218-222.

Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause

Gray, Anthony. 2013. "Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause." Australian Journal of Political Science. 48 (4), pp. 456-469. https://doi.org/10.1080/10361146.2013.846295

Constitutionally heeding the right to silence in Australia

Gray, Anthony. 2013. "Constitutionally heeding the right to silence in Australia." Monash University Law Review. 39 (1), pp. 156-187.

Contractual penalties in Australian law after Andrews: an opportunity missed

Gray, Anthony. 2013. "Contractual penalties in Australian law after Andrews: an opportunity missed." Deakin Law Review. 18 (1), pp. 1-25.

The constitutionality of minimum mandatory sentencing - part II

Gray, Anthony and Elmore, Gerard. 2013. "The constitutionality of minimum mandatory sentencing - part II." Journal of Judicial Administration. 23 (1), pp. 58-69.

The meaning of an alien in the constitutional universe

Gray, Anthony. 2013. "The meaning of an alien in the constitutional universe." Australian Journal of Administrative Law. 20 (2), pp. 89-101.

Forfeiture provisions and the criminal/civil divide

Gray, Anthony Davidson. 2012. "Forfeiture provisions and the criminal/civil divide." New Criminal Law Review: an international and interdisciplinary journal. 15 (1), pp. 32-67. https://doi.org/10.1525/nclr.2012.15.1.32

Conflict of laws and the cloud

Gray, Anthony. 2013. "Conflict of laws and the cloud." Computer Law and Security Review: the International Journal of Technology Law and Practice. 29 (1), pp. 58-65. https://doi.org/10.1016/j.clsr.2012.11.004

The constitutionality of Australia's compulsory voting system

Gray, Anthony. 2012. "The constitutionality of Australia's compulsory voting system." Australian Journal of Politics and History. 58 (4), pp. 591-608. https://doi.org/10.1111/j.1467-8497.2012.01655.x

The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)

Gray, Anthony. 2012. "The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)." Australian Resources and Energy Law Journal. 31 (2), pp. 154-162.

The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable

Gray, Anthony. 2012. "The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable." QUT Law Review. 12 (2), pp. 18-35. https://doi.org/10.5204/qutlr.v12i2.488

Advertising by professions and the Competition and Consumer Act 2010 (Cth)

Gray, Anthony. 2012. "Advertising by professions and the Competition and Consumer Act 2010 (Cth)." Australian Business Law Review. 40 (5), pp. 336-347.

Constitutionally protecting the presumption of innocence

Gray, Anthony. 2012. "Constitutionally protecting the presumption of innocence." University of Tasmania Law Review. 31 (1), pp. 131-152.

The constitutionality of minimum mandatory sentencing provisions

Gray, Anthony and Elmore, Gerard. 2012. "The constitutionality of minimum mandatory sentencing provisions." Journal of Judicial Administration. 22 (1), pp. 37-47.

Termination for convenience clauses and good faith

Gray, Anthony. 2012. "Termination for convenience clauses and good faith." Journal of International Commercial Law and Technology. 7 (3), pp. 260-275.

Good faith and termination for convenience clauses in Australia

Gray, Anthony. 2012. "Good faith and termination for convenience clauses in Australia." International Journal of Private Law. 5 (4), pp. 352-372. https://doi.org/10.1504/IJPL.2012.049357

Racial vilification and freedom of speech in Australia and elsewhere

Gray, Anthony. 2012. "Racial vilification and freedom of speech in Australia and elsewhere." Common Law World Review. 41 (2), pp. 167-195. https://doi.org/10.1350/clwr.2012.41.2.0236

Bloody censorship: swearing and freedom of speech

Gray, Anthony. 2012. "Bloody censorship: swearing and freedom of speech." Alternative Law Journal . 37 (1), pp. 37-40.

Section 116 of the Australian Constitution and dress restrictions

Gray, Anthony. 2011. "Section 116 of the Australian Constitution and dress restrictions." Deakin Law Review. 16 (2), pp. 293-324.

Mockery and jury trial in Australia

Gray, Anthony. 2008. "Mockery and jury trial in Australia." Malleswari, V. B. (ed.) Jury trial: a legal concept. Hyderabad, India. Icfai University Press.

Workplace relations reform: summary and constitutionality

Gray, Anthony. 2006. "Workplace relations reform: summary and constitutionality." Queensland Lawyer. 26 (5), pp. 257-267.

Alert and alarmed: the National Security Information Act (Cth) 2004

Gray, Anthony. 2007. "Alert and alarmed: the National Security Information Act (Cth) 2004." University of Tasmania Law Review. 24 (2), pp. 1-23.

Mockery and the right to trial by jury

Gray, Anthony. 2006. "Mockery and the right to trial by jury." QUT Law Review. 6 (1), pp. 66-88.

Queensland criminal law may be unconstitutional

Gray, Anthony. 2004. "Queensland criminal law may be unconstitutional." Queensland Lawyer. 25, pp. 75-85.

A head for business regulation: the corporations power and the federal government's workplace relations reforms

Gray, Anthony. 2006. "A head for business regulation: the corporations power and the federal government's workplace relations reforms." Commercial Law Journal. 1 (1), pp. 56-67.

High court validates federal government's IR reforms

Gray, Anthony. 2006. "High court validates federal government's IR reforms." Commercial Law Journal. 1 (3), pp. 15-23.

High court validates restrictions on lawyer advertising

Gray, Anthony. 2005. "High court validates restrictions on lawyer advertising." Queensland Lawyer. 26 (3), pp. 131-139.

Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments

Gray, Anthony. 2011. "Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments." Australian Journal of Administrative Law. 18 (4), pp. 229-244.

Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?

Gray, Anthony. 2011. "Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?" Forum on Public Policy: a journal of the Oxford Round Table. 2011 (2), pp. 1-33.

Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective

Gray, Anthony. 2011. "Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective." European Public Law. 17 (2), pp. 331-347.

Why vicarious liability must be abandoned

Gray, Anthony. 2011. "Why vicarious liability must be abandoned." Australian Business Law Review. 39 (2), pp. 67-84.

The rule of law and reasonable suspicion

Gray, Anthony. 2011. "The rule of law and reasonable suspicion." Australian Journal of Human Rights. 16 (2), pp. 53-79.

Enforcement of punitive damages awards in the convention on choice of court agreements

Gray, Anthony. 2009. "Enforcement of punitive damages awards in the convention on choice of court agreements." Willamette Journal of International Law and Dispute Resolution. 17 (1), pp. 105-156.

Federal spending power in three federations: Australia, Canada and the United States

Gray, Anthony. 2011. "Federal spending power in three federations: Australia, Canada and the United States." Common Law World Review. 40 (1), pp. 13-39. https://doi.org/10.1350/clwr.2011.40.1.0215

Immunity of the Crown from statute and suit

Gray, Anthony. 2010. "Immunity of the Crown from statute and suit." Canberra Law Review. 2010 (1), pp. 1-35.

The constitutionality of criminal organisation legislation

Gray, Anthony. 2010. "The constitutionality of criminal organisation legislation." Australian Journal of Administrative Law. 17 (4), pp. 213-228.

Sustainable juries: thinking outside peer criminal jury trials

Gray, Anthony and Barnett, Eola. 2010. "Sustainable juries: thinking outside peer criminal jury trials." Journal of Judicial Administration. 20 (1), pp. 18-38.

The common law and the Constitution as protectors of rights in Australia

Gray, Anthony. 2010. "The common law and the Constitution as protectors of rights in Australia." Common Law World Review. 39 (2), pp. 119-156.

Unfair contracts and the Consumer Law Bill

Gray, Anthony. 2009. "Unfair contracts and the Consumer Law Bill." QUT Law Review. 9 (2), pp. 155-175.

Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values

Gray, Anthony. 2010. "Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values." The Crit. 3 (1), pp. 53-72.

Forum non conveniens in Australia: a comparative analysis

Gray, Anthony. 2009. "Forum non conveniens in Australia: a comparative analysis." Common Law World Review. 38 (3), pp. 207-244.

Extending time limits in sexual abuse cases

Gray, Anthony. 2009. "Extending time limits in sexual abuse cases." Common Law World Review. 38 (4), pp. 342-384. https://doi.org/10.1350/clwr.2009.38.4.0199

Reform of rules of private international law in Manitoba: a comparative perspective

Gray, Anthony. 2009. "Reform of rules of private international law in Manitoba: a comparative perspective." Journal of Politics and Law. 2 (4), pp. 26-38.

A guaranteed right to trial by jury at state level?

Gray, Anthony. 2009. "A guaranteed right to trial by jury at state level?" Australian Journal of Human Rights. 15 (1), pp. 97-125.

State-based business licensing in Australia: the Constitution, economics and international perspectives

Gray, Anthony. 2009. "State-based business licensing in Australia: the Constitution, economics and international perspectives." Deakin Law Review. 14 (2), pp. 165-188.

Due process, natural justice, Kable and organisational control legislation

Gray, Anthony. 2009. "Due process, natural justice, Kable and organisational control legislation." Public Law Review. 20 (4), pp. 290-305.

To give and to receive: the Australian government's proposed electoral finance reforms

Gray, Anthony and Jones, Nicky. 2010. "To give and to receive: the Australian government's proposed electoral finance reforms." University of Tasmania Law Review. 28 (2), pp. 182-209.

Australian 'bikie' laws in the absence of an express Bill of Rights

Gray, Anthony. 2009. "Australian 'bikie' laws in the absence of an express Bill of Rights." Journal of International Commercial Law and Technology. 4 (4), pp. 274-286.

Options for the doctrine of Crown immunity in 21st century Australia

Gray, Anthony. 2009. "Options for the doctrine of Crown immunity in 21st century Australia." Australian Journal of Administrative Law. 16 (4), pp. 200-210.

Excise taxation in the Australian federation: a legal and economic perspective

Gray, Anthony. 2009. Excise taxation in the Australian federation: a legal and economic perspective. Berlin, Germany. VDM Verlag Dr. Muller.

Human rights in Australia: looking forward, looking back

Gray, Anthony. 2009. Human rights in Australia: looking forward, looking back. Berlin, Germany. VDM Verlag Dr. Muller.

The regulation of electoral financing

Gray, Anthony. 2009. "The regulation of electoral financing." Oxford University Comparative Law Forum. 2009, pp. 1-21.

Criminal sanctions for cartel behaviour

Gray, Anthony. 2008. "Criminal sanctions for cartel behaviour." QUT Law Review. 8 (2), pp. 364-379.

Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims

Gray, Anthony. 2008. "Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims." Deakin Law Review. 13 (2), pp. 101-130.

Legal studies in action 2: Queensland

Gray, Anthony, Young, Karyl and Kenman, Sandra. 2009. Legal studies in action 2: Queensland. Brisbane, Australia. John Wiley & Sons.

Getting it right: where is the place of the wrong in multinational torts cases?

Gray, Anthony. 2008. "Getting it right: where is the place of the wrong in multinational torts cases?" The Sydney Law Review. 30 (3), pp. 537-550.

Loss distribution issues in multinational torts claims: giving substance to substance

Gray, Anthony. 2008. "Loss distribution issues in multinational torts claims: giving substance to substance." Journal of Private International Law. 4 (2), pp. 279-309.

Choice of law: the presumption in the proof of foreign law

Gray, Anthony. 2008. "Choice of law: the presumption in the proof of foreign law." University of New South Wales Law Journal. 31 (1), pp. 136-157.

Reinterpreting the trade and commerce power

Gray, Anthony. 2008. "Reinterpreting the trade and commerce power." Australian Business Law Review. 36 (1), pp. 29-46.

Policing price fixing in petroleum markets

Gray, Anthony. 2007. "Policing price fixing in petroleum markets." Australian Business Law Review. 35 (6), pp. 398-406.

FOI and the freedom of political communication

Gray, Anthony. 2007. "FOI and the freedom of political communication." Deakin Law Review. 12 (1), pp. 193-217.

The guaranteed right to vote in Australia

Gray, Anthony. 2007. "The guaranteed right to vote in Australia." QUT Law Review. 7 (2), pp. 178-197.

An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes

McDonald, Jacquelin, Birch, Dawn, Gray, Anthony, Gururajan, Raj, Hingst, Raymond D. and Maguire, Michael. 2005. "An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes." CRLL 2005: What a Difference a Pedagogy Makes: Researching Lifelong Learning and Teaching. Glasgow, Scotland 24 - 26 Jun 2005 London, United Kingdom.

Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual)

Gray, Anthony and Herlihy, Gail. 2008. Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual). Brisbane, Australia. John Wiley & Sons.

How Welfare to Work and WorkChoices will change womens' lives

Collins, Pauline and Gray, Anthony. 2006. "How Welfare to Work and WorkChoices will change womens' lives." Bailey, Janis, Broadbent, Kaye, Edwards, Linda, McDonald, Paula and Whitehouse, Gillian (ed.) Our Work .... Our Lives: National Conference on Women & Industrial Relations (2006). Brisbane, Australia 12 - 14 Jul 2006 Brisbane, Australia.