Luke Beck

Monash University - Faculty of Law

Associate Professor

Wellington Road

Clayton, Victoria 3800

Australia

SCHOLARLY PAPERS

20

DOWNLOADS
Rank 31,720

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Top 31,720

in Total Papers Downloads

1,412

CITATIONS

1

Scholarly Papers (20)

1.

What is Kirby's Interpretive Principle Really About?

Australian Law Journal, Vol. 87, No. 3, pp. 200-209, 2013, Sydney Law School Research Paper No. 13/63
Number of pages: 11 Posted: 18 Mar 2013 Last Revised: 28 Aug 2013
Luke Beck
Monash University - Faculty of Law
Downloads 233 (130,497)

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constitutional interpretation, interpretive principle, Michael Kirby, international law, human rights

2.

Judicial Review of Outsourced Governmental Decision-Making

Law Society Journal, Vol. 50, No. 11, pp. 38-39, 2012, Sydney Law School Research Paper No. 13/65
Number of pages: 5 Posted: 24 Feb 2013 Last Revised: 28 Aug 2013
Luke Beck
Monash University - Faculty of Law
Downloads 204 (148,253)

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Judicial review, Datafin principle, outsourcing, public power, Supreme Court, Kirk

3.

The Constitutional Prohibition on Religious Tests

Melbourne University Law Review, Vol. 35, No. 2, pp. 323-352, 2011
Number of pages: 30 Posted: 23 Jul 2011 Last Revised: 27 Aug 2013
Luke Beck
Monash University - Faculty of Law
Downloads 147 (197,668)

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religious test, religious tests clause, Test Act, Corporations Act, oath, affirmation, Roman Catholic Relief Act, clergy disqualification, section 116, article VI clause 3, public trust, office or public trust under the Commonwealth, office or public trust under the United States

4.

Dead DOGS? Towards a Less Restrictive Interpretation of the Establishment Clause: Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2)

University of Western Australia Law Review, Vol. 37, No. 2, 2014, pp. 59-73, Sydney Law School Research Paper No. 14/44
Number of pages: 17 Posted: 18 Apr 2013 Last Revised: 20 Jan 2016
Luke Beck
Monash University - Faculty of Law
Downloads 110 (246,899)

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Establishment clause, religion, section 116, First Amendment, establishment

5.

Clear and Emphatic: The Separation of Church and State Under the Australian Constitution

University of Tasmania Law Review, Vol. 27, No. 2, pp. 161-196, 2008
Number of pages: 36 Posted: 23 Jul 2011
Luke Beck
Monash University - Faculty of Law
Downloads 101 (262,005)
Citation 1

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Church and State, section 116, establishing any religion, free exercise of religion, religious observance, blasphemy

6.

Williams v Commonwealth: School Chaplains and the Religious Tests Clause of the Constitution

Monash University Law Review, Vol 38, No 3, pp. 271-294, 2012, Sydney Law School Research Paper No. 13/64
Number of pages: 25 Posted: 01 May 2013 Last Revised: 28 Aug 2013
Luke Beck
Monash University - Faculty of Law
Downloads 78 (308,156)

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religious test, religious tests clause, section 116, article VI clause 3, public trust, office or public trust under the Commonwealth, office or public trust under the United States, school chaplain

7.

Higgins' Argument for Section 116 of the Constitution

Federal Law Review, Vol. 41, No. 3, pp. 393-415, 2013, Sydney Law School Research Paper No. 14/45
Number of pages: 25 Posted: 15 May 2013 Last Revised: 05 May 2014
Luke Beck
Monash University - Faculty of Law
Downloads 70 (327,688)

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Section 116, separation of church and state, First Amendment, religion clause, Church of the Holy Trinity, Sunday closing laws, dual characterisation, Henry Bournes Higgins, constitutional preamble

8.

The Role of Religion in the Law of Royal Succession in Canada and Australia

Queen's Law Journal, Vol. 43, No. 1, 2018, pp. 53-84, Monash University Faculty of Law Legal Studies Research Paper No. 2018-7
Number of pages: 32 Posted: 22 Jan 2018
Luke Beck
Monash University - Faculty of Law
Downloads 66 (338,201)

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religious freedom, religious test, crown, royal succession, charter of rights and freedom, section 116, Australia, Canada, monarch, queen

9.

The Case against Improper Purpose as the Touchstone for Invalidity under Section 116 of the Constitution

Federal Law Review, Vol. 44, No. 3, pp. 505-529, 2016
Number of pages: 25 Posted: 06 Sep 2016 Last Revised: 19 Dec 2016
Luke Beck
Monash University - Faculty of Law
Downloads 65 (340,837)

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Section 116, Freedom of Religion, Constitutional Interpretation, Rights, Establishment Clause, Separation of Church and State

10.

Institutional Responses to Child Sexual Abuse: The Constitutionality of a Royal Commission

Alternative Law Journal, Vol. 38, No. 1, pp. 14-19, 2013, Sydney Law School Research Paper No. 13/62
Number of pages: 8 Posted: 05 Aug 2013 Last Revised: 28 Aug 2013
Luke Beck
Monash University - Faculty of Law
Downloads 59 (357,815)

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Royal Commissions, child sexual abuse, separation of powers, persona designata, institutional integrity, free exercise of religion

When Is an Office or Public Trust 'Under the Commonwealth' for the Purposes of the Religious Tests Clause of the Australian Constitution?

Monash University Law Review, Vol. 41, No. 1, pp. 17-39, 2015
Number of pages: 23 Posted: 03 Dec 2015
Luke Beck
Monash University - Faculty of Law
Downloads 31 (472,215)

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office under the Commonwealth, officer of the Commonwealth, office or public trust, religious test, religious tests clause, section 116, religion

When is an Office or Public Trust 'Under the Commonwealth' for the Purposes of the Religious Tests Clause of the Australian Constitution?

Western Sydney University School of Law Research Paper No. 04/2016
Number of pages: 25 Posted: 23 Jun 2016
Luke Beck
Monash University - Faculty of Law
Downloads 17 (556,701)

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Australian constitution, religious tests clause

12.

Jack Balkin's Constitutionalism and the Expert Panel on Constitutional Recognition of Indigenous Australians

University of New South Wales Law Journal, Vol. 37, No. 2, pp. 407-433, 2014, Sydney Law School Research Paper No. 14/83
Number of pages: 28 Posted: 04 Sep 2014
Luke Beck
Monash University - Faculty of Law
Downloads 46 (400,177)

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Balkin, Expert Panel, constitutional recognition, indigenous people, constitutional amendment, constitutional redemption, constitutional legitimacy, basic law, higher law, our law

13.

The Constitutional Duty to Give Reasons for Judicial Decisions

University of New South Wales Law Journal, Vol. 40, No. 3, 2017
Number of pages: 29 Posted: 02 Oct 2017
Luke Beck
Monash University - Faculty of Law
Downloads 45 (403,694)

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duty to give reasons, judicial decision, decision-making, special leave to appeal, defining characteristics, courts, judicial power

14.

The Establishment Clause of the Australian Constitution: Three Propositions and a Case Study

Adelaide Law Review, Vol. 35, No. 2, 2014, pp. 225-250.
Number of pages: 26 Posted: 03 Mar 2015
Luke Beck
Monash University - Faculty of Law
Downloads 44 (407,306)

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establishment clause, religious establishment, section 116, school chaplains

15.

What is a 'Supreme Court of a State'?

Sydney Law Review, Vol. 34, No. 2, pp. 295-315, 2012, Sydney Law School Research Paper No. 12/76
Number of pages: 22 Posted: 26 Jul 2012 Last Revised: 04 Oct 2012
Luke Beck
Monash University - Faculty of Law
Downloads 42 (414,699)

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defining characteristics, privative clause, ouster clause, Chapter III, Supreme Court, Federal Supreme Court, appellate jurisdiction, judicial review, jurisdictional error, inherent jurisdiction

16.

The Australian Constitution's Religious Tests Clause as an Anti-Discrimination Provision

Monash University Law Review, Vol. 42, No. 3, pp. 545-578, 2017
Number of pages: 34 Posted: 03 Apr 2017
Luke Beck
Monash University - Faculty of Law
Downloads 32 (455,677)

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Religious Test, Indirect Discrimination, Religious Discrimination, Comparative Constitutional Law, Freedom of Religion

17.

The Constitutional Prohibition on Imposing Religious Observances

Melbourne University Law Review, Vol. 41, No. 2, 2017
Number of pages: 37 Posted: 05 Aug 2018
Luke Beck
Monash University - Faculty of Law
Downloads 11 (573,033)

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Religious Observance Clause, Religious Observance, Direct Imposition, Indirect Imposition, Positive Imposition, Negative Imposition

18.

A Question of Characterisation: Can the Commonwealth Facilitate the Imposition of Religious Observances?

Monash University Law Review, Vol 43, No 3, pp. 828-844, 2018
Number of pages: 19 Posted: 17 Jul 2018
Luke Beck
Monash University - Faculty of Law
Downloads 11 (573,033)

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religious observance, characterisation, religion, Australian Constitution, separation of church and state, school prayer

19.

Fair Enough? The National Security Information (Criminal and Civil Proceedings) Act 2004

Deakin Law Review, Vol. 16, No. 2, 2011
Posted: 26 Jul 2012
Luke Beck
Monash University - Faculty of Law

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fair trial, right to a fair trial, national security, terrorism, human rights, secret trials

20.

The Interpretation Provisions of Statutory Bills of Rights: A Little Bit Humpty Dumpty?

Public Law Review, Vol. 22, pp. 97-112, 2011
Posted: 23 Jul 2011
Luke Beck
Monash University - Faculty of Law

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bills of rights, statutory interpretation, Human Rights Act 1998 (UK), Human Rights Act 2004 (ACT), New Zealand Bill of Rights Act 1990 (NZ), Charter of Rights and Responsibilities Act 2006 (Vic), interpretation provisions