Abstract
The Western Australian Parlaiment passed legislation to effectively end a dispute involving a businessman and his companies. Those entities had commenced legal action against the state that, if successful, might have resulted in a multi-billion dollar compensation claim. Parliament responded by effectively prohibiting a court from awarding a remedy to the claimants. This article suggests that, in principle, this legislation raises fundamental separation of powers issues, and such laws might offend Chapter III of the Constitution.
| Original language | English |
|---|---|
| Pages (from-to) | 112-131 |
| Number of pages | 20 |
| Journal | Public Law Review |
| Volume | 32 |
| Issue number | 2 |
| Publication status | Published - Jun 2021 |
| Externally published | Yes |