Gabrielle J. Appleby

University of New South Wales (UNSW)

Associate Professor

Kensington

High St

Sydney , NSW 2052

Australia

http://www.law.unsw.edu.au/profile/gabrielle-appleby

  • University of New South Wales (UNSW)

SCHOLARLY PAPERS

34

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Scholarly Papers (34)

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1.

Teaching with Feminist Judgments: A Global Conversation

38 Law and Inequality: A Journal of Theory and Practice 1 (2019), Edinburgh School of Law Research Paper Forthcoming, UNLV William S. Boyd School of Law Legal Studies Research Paper, UNSW Law Research Paper No. 19-97
Number of pages: 67 Posted: 26 Jun 2019 Last Revised: 22 Jan 2020
Bridget J. Crawford, Kathryn Stanchi, Linda L. Berger, Gabrielle J. Appleby, Susan Frelich Appleton, Ross Astoria, Sharon Cowan, Rosalind Dixon, Troy Lavers, Andrea L. McArdle, Elisabeth McDonald, Teri A. McMurtry-Chubb, Vanessa Munro and Pam Wilkins
Pace University School of Law, University of Nevada, Las Vegas, William S. Boyd School of Law, University of Nevada, Las Vegas, William S. Boyd School of Law, University of New South Wales (UNSW), Washington University in St. Louis - School of Law, University of Wisconsin - Parkside, University of Edinburgh - School of Law, University of New South Wales (UNSW) - Faculty of Law, Leicester Law School, CUNY School of Law, University of Canterbury, UIC Law, affiliation not provided to SSRN and Mercer University - Walter F. George School of Law
Downloads 224 (185,881)

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legal education, pedagogy, feminist judgments

2.

Proportionality and Federalism: Can Australia Learn from the European Community, the US and Canada?

University of Tasmania Law Review, Forthcoming
Number of pages: 36 Posted: 12 Nov 2008
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 217 (191,562)

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Constitutional Law, Comparative Constitutional Law, Constitutional Interpretation, Characterisation, Proportionality

3.

There Must Be Limits: The Commonwealth Spending Power

Federal Law Review, April 2009
Number of pages: 65 Posted: 05 Mar 2009
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 214 (194,038)

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Australian Constitutional Law, Federalism, Federal Executive Power, Spending Power, Nationhood Power

4.

The Ramifications of Pape v. Federal Commissioner of Taxation for the Spending Power and Legislative Powers of the Commonwealth

Monash University Law Review, Forthcoming
Number of pages: 28 Posted: 14 Jun 2011
Gabrielle J. Appleby and Stephen McDonald
University of New South Wales (UNSW) and Hanson Chambers
Downloads 185 (221,466)

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Spending Power, Commonwealth Legislative Power, Federalism

5.

Australian Federalism: Past, Present and Future Tense

THE FUTURE OF AUSTRALIAN FEDERALISM: COMPARATIVE AND INTERDISCIPLINARY PERSPECTIVES (Cambridge: Cambridge University Press, 2012), University of Queensland TC Beirne School of Law Research Paper No. 13-05
Number of pages: 24 Posted: 25 Jun 2013
Gabrielle J. Appleby, Nicholas Aroney and Thomas John
University of New South Wales (UNSW), The University of Queensland - T.C. Beirne School of Law and Private International Law Section, Australian Commonwealth Attorney-General's Department, Australian Government
Downloads 183 (223,550)

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Australian and Comparative Federalism, Reform, Intergovernmental Relations

6.

Unveiling the Public Interest: The Parameters of Executive Discretion in Australian Migration Legislation

Gabrielle Appleby and Alexander Reilly, “Unveiling the Public Interest: The Parameters of Executive Discretion in Australian Migration Legislation”, 2017, Volume 28, Part 4, PLR, 293. , U. of Adelaide Law Research Paper No. 2018-64, UNSW Law Research Paper No. 18-43
Number of pages: 28 Posted: 19 Jun 2018 Last Revised: 09 Jun 2020
Gabrielle J. Appleby and Alex Reilly
University of New South Wales (UNSW) and University of Adelaide - School of Law
Downloads 174 (233,359)

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executive power, public interest, migration

7.

Executive Power under the Constitution: A Presidential and Parliamentary System Compared

University of Colorado Law Review, Vol. 87, No. 4, 2016, U. of Adelaide Law Research Paper No. 2016-32
Number of pages: 55 Posted: 01 Sep 2016
Gabrielle J. Appleby and Adam Webster
University of New South Wales (UNSW) and University of Oxford - Blavatnik School of Government
Downloads 173 (234,564)

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Constitutional Structure, Differences in the Executive Branches, Responsible Government, Adoption of Responsible Government in Australia, Organisation of Executive Power in Australia, Australian Executive Power, Prerogative Powers, Nationhood Power

8.

Functionalism in Constitutional Interpretation: Factual and Participatory Challenges: Commentary on Dixon

(2015) 43 Federal Law Review 493
Number of pages: 12 Posted: 18 Apr 2016
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 140 (278,813)

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functionalism, constitutional facts, Solicitor-General, section 78B notices

9.

Looking at the Executive Power through the High Court's New Spectacles

(2013) 35(2) Sydney Law Review , U. of Adelaide Law Research Paper No. 2013-02
Number of pages: 30 Posted: 11 Feb 2013 Last Revised: 17 Jul 2013
Gabrielle J. Appleby and Stephen McDonald
University of New South Wales (UNSW) and Hanson Chambers
Downloads 134 (288,412)

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Constitutional Law, Executive Power, Federalism, Spending Power

10.

A New Coat of Paint: Law and Order and the Refurbishment of Kable

Gabrielle Appleby and John Williams, ‘A New Coat of Paint: Law and Order and the Refurbishment of Kable’ (2012) 40 Federal Law Review 1, U. of Adelaide Law Research Paper No. 2012-34
Number of pages: 31 Posted: 09 Nov 2012
Gabrielle J. Appleby and John Williams
University of New South Wales (UNSW) and University of Adelaide - School of Law
Downloads 132 (291,573)
Citation 1

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Kable doctrine, High Court, International Finance Trust Co, New South Wales Crime Commission, South Australia v. Totani, Wainohu v. New South Wales

11.

Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption

Downloads 122 (309,209)

Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption

Melbourne University Law Review, Vol. 42, No. 2, 2018, UNSW Law Research Paper No. 18-49
Number of pages: 52 Posted: 08 Aug 2018 Last Revised: 17 Aug 2018
Gabrielle J. Appleby, Suzanne M. Le Mire, Andrew Lynch and Brian Opeskin
University of New South Wales (UNSW), University of Adelaide - School of Law, University of New South Wales and University of Technology Sydney
Downloads 109 (336,800)

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Contemporary Challenges Facing The Australian Judiciary: An Empirical Interruption

Melbourne University Law Review, Vol 42(2):299-369, U. of Adelaide Law Research Paper No. 2020-59
Number of pages: 72 Posted: 23 Jun 2020
Suzanne M. Le Mire, Gabrielle J. Appleby, Andrew Lynch and Brian Opeskin
University of Adelaide - School of Law, University of New South Wales (UNSW), University of New South Wales and University of Technology Sydney
Downloads 13 (767,967)

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Australian Judiciary

12.

Keep Calm and Carry on: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education

In, The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research Paper No. 18-50
Number of pages: 10 Posted: 17 Aug 2018
Gabrielle J. Appleby, Sean Brennan and Andrew Lynch
University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law and University of New South Wales
Downloads 100 (354,534)
Citation 1

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Automation, legal education, technological advances, legal services, law schools, teaching, digital disruption

13.

The Role of the Tasmanian Subordinate Legislation Committee During the COVID-19 Emergency

Number of pages: 16 Posted: 29 Apr 2020
Brendan Gogarty and Gabrielle J. Appleby
University of Tasmania, Faculty of Law and University of New South Wales (UNSW)
Downloads 82 (400,596)

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Parliamentary scrutiny, tasmania, emergency powers, executive power, constitutional law, regulations, delegated legislation, subordinate instruments

14.

The Royal Commission into Institutional Responses to Child Sexual Abuse: Safely in Judicial Hands?

Dr. Gabrielle J. Appleby and Dr. Matthew T. Stubbs. The Royal Commission into Institutional Responses to Child Sexual Abuse: Safely in Judicial Hands? (2013) 24 PLR 81, U. of Adelaide Law Research Paper No. 2013-21
Number of pages: 7 Posted: 16 Jul 2013
Gabrielle J. Appleby and Matthew T. Stubbs
University of New South Wales (UNSW) and University of Adelaide - School of Law
Downloads 81 (403,414)

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Royal Commission, child sexual abuse, January 11, 2013, Institutional Responses to Child Sexual Abuse

15.

The Solicitor-General and the Constitution

The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (Hart Publishing, 2016), UNSW Law Research Paper No. 2016-77
Number of pages: 20 Posted: 15 Aug 2016 Last Revised: 31 Oct 2016
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 80 (406,291)

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Solicitor-General, government lawyers, integrity, constitutional law

16.

The Provenance of the Federal Spending Power

Number of pages: 12 Posted: 05 Jan 2009
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 79 (409,236)

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Comparative Constitutional Law, Federal Spending Power, Australia, United Kingdom, Appropriations, United States, General Welfare Clause

17.

The Evolution of a Public Sentinel: Australia's Solicitor General

Northern Ireland Legal Quarterly 63(3) 397-467, 2012, U. of Adelaide Law Research Paper No. 2012-32
Number of pages: 21 Posted: 08 Nov 2012
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 69 (440,913)

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Attorney General, Solicitor General, government lawyers, Australia

18.

Parliament's Role in Constitutional Interpretation

(2013) Melbourne University Law Review, Vol. 37, p. 255, U. of Adelaide Law Research Paper No. 2014-20
Number of pages: 43 Posted: 18 Jun 2014 Last Revised: 13 May 2015
Gabrielle J. Appleby and Adam Webster
University of New South Wales (UNSW) and University of Oxford - Blavatnik School of Government
Downloads 67 (447,726)

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parliament, constitutional interpretation

19.

Responsible Jurimetrics: A Reply to Silbert’s Critique of the Victorian Court of Appeal

(2020) 94 Australian Law Journal (Forthcoming)
Number of pages: 16 Posted: 27 Oct 2020
Brian Opeskin and Gabrielle J. Appleby
University of Technology Sydney and University of New South Wales (UNSW)
Downloads 63 (461,841)

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appeals, Australia, concurrence, counting rules, court performance, courts, data sources, dissent, error correction, filtering, intermediate court of appeal, judicial law making, jurimetrics, leave to appeal, methodology, reversal rates, Victorian Court of Appeal

20.

Disqualification of Judges and Pre-Judicial Advice

(2015) 43 Federal Law Review 201, UNSW Law Research Paper No. 2016-76
Number of pages: 32 Posted: 18 Apr 2016 Last Revised: 07 May 2020
Gabrielle J. Appleby and Stephen McDonald
University of New South Wales (UNSW) and Hanson Chambers
Downloads 62 (465,479)

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recusal, disqualification, prejudicial advice, prejudgment

21.

'To Watch, To Never Look Away': The Public's Responsibility for Australia's Offshore Processing of Asylum Seekers

Alternative Law Journal 39(3) 2014, U. of Adelaide Law Research Paper No. 2015-07
Number of pages: 5 Posted: 18 May 2015
Alex Reilly, Gabrielle J. Appleby and Rebecca Faith LaForgia
University of Adelaide - School of Law, University of New South Wales (UNSW) and University of Adelaide - School of Law
Downloads 56 (488,411)

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Democracy, Government accountability, Disclosure of Information

22.

The Government as Litigant

UNSW Law Journal Volume 37(1) p. 94, U. of Adelaide Law Research Paper No. 2014-13
Number of pages: 32 Posted: 03 Jun 2014 Last Revised: 17 Jun 2014
Gabrielle J. Appleby
University of New South Wales (UNSW)
Downloads 52 (504,814)

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government litigant, duty of fairness, model litigant

23.

Cycling and the Law

U. of Adelaide Law Research Paper No. 2016-14, UNSW Law Journal Volume 39(1) 2016 p129
Number of pages: 37 Posted: 11 May 2016
Gabrielle J. Appleby and Adam Webster
University of New South Wales (UNSW) and University of Oxford - Blavatnik School of Government
Downloads 49 (517,671)

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cycling, legal status, National Cycling Strategy, Australian Road Rules

24.

Executive Policy Development and Constitutional Norms: Practice and Perceptions

International Journal of Constitutional Law (2020, Forthcoming)
Number of pages: 34 Posted: 30 Sep 2019
Gabrielle J. Appleby and Anna Olijnyk
University of New South Wales (UNSW) and Adelaide Law School
Downloads 37 (575,673)
Citation 1

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25.

Parliamentary Deliberation on Constitutional Limits in the Legislative Process

(2017) 40 University of New South Wales Law Journal 976, U. of Adelaide Law Research Paper No. 2018-07
Number of pages: 33 Posted: 28 Feb 2018
Gabrielle J. Appleby and Anna Olijnyk
University of New South Wales (UNSW) and Adelaide Law School
Downloads 31 (609,505)

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Constitution, parliament

26.

Judicial Education in Australia: A Contemporary Overview

(2022) 31(4) Journal of Judicial Administration (Forthcoming)
Number of pages: 27 Posted: 25 Feb 2022
Gabrielle J. Appleby, Jessica Kerr, Suzanne M. Le Mire, Andrew Lynch and Brian Opeskin
University of New South Wales (UNSW), University of Western Australia, University of Adelaide - School of Law, University of New South Wales and University of Technology Sydney
Downloads 24 (655,515)

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accountability, Australia, competence, curriculum, empirical data, ethics, judicial education, judicial independence, public confidence, voluntary, well being

27.

Teaching Public Law: Foreword (2015) 25(2) Legal Education Review 295-298

U. of Adelaide Law Research Paper No. 2016-16, Legal Education Review (2015) 25(2) 295-298
Number of pages: 4 Posted: 12 May 2016
Alex Reilly, Gabrielle J. Appleby and Sean Brennan
University of Adelaide - School of Law, University of New South Wales (UNSW) and University of New South Wales (UNSW) - Faculty of Law
Downloads 17 (707,910)

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public law, legal education

28.

Constitutional Influences on State and Territory Law Making: An Empirical Analysis

2018 Federal Law Review Vol 46 p. 231-258, U. of Adelaide Law Research Paper No. 2019-22
Number of pages: 42 Posted: 31 Jan 2019 Last Revised: 10 Feb 2019
Anna Olijnyk and Gabrielle J. Appleby
Adelaide Law School and University of New South Wales (UNSW)
Downloads 13 (740,652)

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Australian Constitution

29.

Executive Policy Development and Constitutional Norms: Practice and Perception

U. of Adelaide Law Research Paper No. 2021-15, Gabrielle Appleby and Anna Olijnyk, 'Executive Policy Development and Constitutional Norms: Practice and Perceptions' (2021) International Journal of Constitutional Law 1.
Posted: 18 Mar 2021
Gabrielle J. Appleby and Anna Olijnyk
University of New South Wales (UNSW) and Adelaide Law School

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Constitutional Law

30.

Ethical Infrastructure for a Modern Judiciary

Federal Law Review 2019, Vol. 47(3) 335–357, U. of Adelaide Law Research Paper No. 2020-60
Posted: 22 Jun 2020
Gabrielle J. Appleby and Suzanne M. Le Mire
University of New South Wales (UNSW) and University of Adelaide - School of Law

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Ethical Infrastructure, Modern Judiciary, Judiciary

31.

Constitutional Deliberation in the Legislative Process

Levy, R., Kong, H., Orr, G. and King, J. (eds.) 2018 The Cambridge Handbook of Deliberative Constitutionalism.Cambridge University Press, U.K p. 88-100, U. of Adelaide Law Research Paper No. 2019-21
Posted: 31 Jan 2019
Anna Olijnyk and Gabrielle J. Appleby
Adelaide Law School and University of New South Wales (UNSW)

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Constitutional Deliberation, Legislative Process, Constitution

32.

Reflecting on Hannah Arendt and Eichman in Jerusalem: A Report on the Banality of Evil

35 Adel. L. Rev. 427 2014
Posted: 03 Jul 2016 Last Revised: 18 Aug 2016
Peter D. Burdon, Gabrielle J. Appleby, Rebecca Faith LaForgia and Ngaire Naffine
University of Adelaide - School of Law, University of New South Wales (UNSW), University of Adelaide - School of Law and University of Adelaide - School of Law

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Hannah Arendt, Eichmann, Legal Theory, Criminal Law, International Law

33.

Critical Thinking in Legal Education: Our Journey

23 Legal Educ. Rev. 345 2013
Posted: 03 Jul 2016 Last Revised: 18 Aug 2016
Gabrielle J. Appleby, Peter D. Burdon and Alex Reilly
University of New South Wales (UNSW), University of Adelaide - School of Law and University of Adelaide - School of Law

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Legal education, critical thinking, critical pedagogy

34.

Imperfection and Inconvenience: Boilermakers' and the Separation of Judical Power in Australia

‘Imperfection and Inconvenience: Boilermakers’ and the Separation of Judicial Power in Australia’ (2012) 31 University of Queensland Law Journal 265., U. of Adelaide Law Research Paper No. 2013-04
Posted: 30 May 2013 Last Revised: 02 Oct 2017
Gabrielle J. Appleby
University of New South Wales (UNSW)

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separation of powers, chapter III, Australian constitutional law, judiciary