Gabrielle Appleby
Biographic Data
| ID | 4171529 |
|---|---|
| NAME | Gabrielle Appleby |
| GIVEN NAMES | Gabrielle |
| FAMILY NAME | Appleby |
| SIGNATURE | APPLEBY G |
| AFFILIATIONS | UNSW Sydney |
| ORCID | 0000-0001-9755-6803 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 21 |
| AUTHOR COUNT | 14 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Law and Constitutional Change
A collection of some of the best papers presented at the 25th British Legal History Conference at Queen's University Belfast in July 2022, Law and Constitutional Change examines the role that law plays when countries experience a major constitutional upheaval. It examines the interaction of law and politics in history across different legal jurisdictions with different legal traditions. The theme of the conference was 'Law and Constitutional Chan…
Studying judges
The empirical study of judicial officers and the functioning of courts intersects with a number of judicial institutional values. Researchers will often, but not always, have legal qualifications, and most researchers of judicial officers will share a commitment to maintaining the institutional values of the Court but also have their own commitments to academic integrity and independence to maintain. In this article, we argue that the role of the…
The Aboriginal and Torres Strait Islander Voice
Voice versus Rights
For almost three decades, Australia has been locked in a public and political debate about whether and how to ‘recognise’ Aboriginal and Torres Strait Islander peoples in the Australian Constitution. Omnipresent in these debates is the question of sovereignty, over which there is ongoing disagreement, leading to a chronic crisis of legitimacy. In this article, we compare the two substantive recognition reform options that have dominated the conte…
The 2018 Australian High Court Constitutional Term
Drawing on the scholarly commentariat tradition now practised across the world, this article provides an overview and analysis of the 2018 Australian High Court’s constitutional term. However, this article approaches this task through a slightly different lens: I consider the 2018 developments by reference to their inter-institutional context. That is, how the High Court’s jurisdictional and doctrinal developments do and should impact the jurisdi…
The role of Tasmania’s subordinate legislation committee during the Covid-19 emergency
On 17 March 2020, Tasmania entered a ‘state of emergency’ in response to COVID-19. Parliament stands adjourned, and the executive is regulating the crisis through delegated regulations that significantly limit civil rights and freedoms. Despite assurances that Tasmania’s Subordinate Legislation Committee would scrutinise executive power throughout the crisis, its role has been limited, due to an overly prescriptive (and we argue incorrect) readin…
The Uluru Statement and the Promises of Truth
We want Australia to take a giant leap in humanity.This is about truthtelling
The Shadow of the Court
In recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical re…
Horizontal accountability
An identifiable trend of modern Australian administrative law has been the increase of ‘integrity’ institutions. Such institutions sit notionally within the executive branch, but are provided statutorily protected independence from the government and have statutory mandates to hold the exercise of government power to account. While the general accountability function of such institutions is well known and documented, this article explains their s…
Parliamentary Deliberation on Constitutional Limits in the Legislative Process
Like the other branches of government, parliaments are ‘responsible constitutional agent[s]’. They play a formative part ‘in expressing and pursuing’ constitutional government. A dimension of this agency is that parliaments, and more specifically parliamentarians, have a responsibility to consider whether proposed laws overstep the constitutional boundaries of their powers.[3] When, as is the wont of constitutional principles, the relevant limits…
Challenging the Orthodoxy
Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the …
Civility, gender and the law
Law sets the bounds of civility within any given society. Setting those bounds so as to reflect evolving community expectations and understandings requires frank, open and inclusive discussion. Through an analysis of the male and female judgments in the recent High Court decision of Monis v The Queen (2013) 249 CLR 92, this article exposes a worrying, uncritical endorsement of incivility in public and political discourse that may undermine the in…
To Watch, to Never Look Away’
In June, the Australian government celebrated six months without a boat reaching Australian shores from South East Asia. Consequently, demand for people smuggling has decreased, and there has been no loss of life of asylum seekers at sea. According to their stated aims of 'stopping the boats', and disrupting the people smuggling business model, 'Operation Sovereign Borders' and Australia's policy of processing asylum seekers offshore have been a …
Above the Law
Gabrielle Appleby evaluates Commonwealth of Australia v Anti-Discrimination Tribunal (Tasmania) and Rodney John Nichols [2008] FCAFC 104
The Uluru Statement and the Promises of Truth
We want Australia to take a giant leap in humanity.This is about truthtelling
Voice versus Rights
For almost three decades, Australia has been locked in a public and political debate about whether and how to ‘recognise’ Aboriginal and Torres Strait Islander peoples in the Australian Constitution. Omnipresent in these debates is the question of sovereignty, over which there is ongoing disagreement, leading to a chronic crisis of legitimacy. In this article, we compare the two substantive recognition reform options that have dominated the conte…
Challenging the Orthodoxy
Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the …
To Watch, to Never Look Away’
In June, the Australian government celebrated six months without a boat reaching Australian shores from South East Asia. Consequently, demand for people smuggling has decreased, and there has been no loss of life of asylum seekers at sea. According to their stated aims of 'stopping the boats', and disrupting the people smuggling business model, 'Operation Sovereign Borders' and Australia's policy of processing asylum seekers offshore have been a …
Above the Law
Gabrielle Appleby evaluates Commonwealth of Australia v Anti-Discrimination Tribunal (Tasmania) and Rodney John Nichols [2008] FCAFC 104
To Watch, to Never Look Away’
In June, the Australian government celebrated six months without a boat reaching Australian shores from South East Asia. Consequently, demand for people smuggling has decreased, and there has been no loss of life of asylum seekers at sea. According to their stated aims of 'stopping the boats', and disrupting the people smuggling business model, 'Operation Sovereign Borders' and Australia's policy of processing asylum seekers offshore have been a …
Civility, gender and the law
Law sets the bounds of civility within any given society. Setting those bounds so as to reflect evolving community expectations and understandings requires frank, open and inclusive discussion. Through an analysis of the male and female judgments in the recent High Court decision of Monis v The Queen (2013) 249 CLR 92, this article exposes a worrying, uncritical endorsement of incivility in public and political discourse that may undermine the in…
Challenging the Orthodoxy
Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the …
Horizontal accountability
An identifiable trend of modern Australian administrative law has been the increase of ‘integrity’ institutions. Such institutions sit notionally within the executive branch, but are provided statutorily protected independence from the government and have statutory mandates to hold the exercise of government power to account. While the general accountability function of such institutions is well known and documented, this article explains their s…
Parliamentary Deliberation on Constitutional Limits in the Legislative Process
Like the other branches of government, parliaments are ‘responsible constitutional agent[s]’. They play a formative part ‘in expressing and pursuing’ constitutional government. A dimension of this agency is that parliaments, and more specifically parliamentarians, have a responsibility to consider whether proposed laws overstep the constitutional boundaries of their powers.[3] When, as is the wont of constitutional principles, the relevant limits…
The Uluru Statement and the Promises of Truth
We want Australia to take a giant leap in humanity.This is about truthtelling
The Shadow of the Court
In recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical re…
The role of Tasmania’s subordinate legislation committee during the Covid-19 emergency
On 17 March 2020, Tasmania entered a ‘state of emergency’ in response to COVID-19. Parliament stands adjourned, and the executive is regulating the crisis through delegated regulations that significantly limit civil rights and freedoms. Despite assurances that Tasmania’s Subordinate Legislation Committee would scrutinise executive power throughout the crisis, its role has been limited, due to an overly prescriptive (and we argue incorrect) readin…
The 2018 Australian High Court Constitutional Term
Drawing on the scholarly commentariat tradition now practised across the world, this article provides an overview and analysis of the 2018 Australian High Court’s constitutional term. However, this article approaches this task through a slightly different lens: I consider the 2018 developments by reference to their inter-institutional context. That is, how the High Court’s jurisdictional and doctrinal developments do and should impact the jurisdi…
Studying judges
The empirical study of judicial officers and the functioning of courts intersects with a number of judicial institutional values. Researchers will often, but not always, have legal qualifications, and most researchers of judicial officers will share a commitment to maintaining the institutional values of the Court but also have their own commitments to academic integrity and independence to maintain. In this article, we argue that the role of the…
The Aboriginal and Torres Strait Islander Voice
Voice versus Rights
For almost three decades, Australia has been locked in a public and political debate about whether and how to ‘recognise’ Aboriginal and Torres Strait Islander peoples in the Australian Constitution. Omnipresent in these debates is the question of sovereignty, over which there is ongoing disagreement, leading to a chronic crisis of legitimacy. In this article, we compare the two substantive recognition reform options that have dominated the conte…
Law and Constitutional Change
A collection of some of the best papers presented at the 25th British Legal History Conference at Queen's University Belfast in July 2022, Law and Constitutional Change examines the role that law plays when countries experience a major constitutional upheaval. It examines the interaction of law and politics in history across different legal jurisdictions with different legal traditions. The theme of the conference was 'Law and Constitutional Chan…
Political science (13 works) · Law (12 works) · Law (11 works) · Politics (7 works) · Judicial and Constitutional Studies (6 works) · Sociology (5 works) · Government (linguistics (4 works) · Law in Society and Culture (4 works) · Constitutional law (3 works) · Legal principles and applications (3 works)