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

31 Pages Posted: 9 Nov 2012

See all articles by Gabrielle J. Appleby

Gabrielle J. Appleby

University of New South Wales (UNSW)

John Williams

University of Adelaide - School of Law; University of Adelaide

Date Written: November 8, 2012

Abstract

The Kable doctrine is, and has always been, a difficult legal principle to define. For over a decade, and despite much academic attention, it had little consequence for state power. Until recently, the High Court deftly avoided its application by employing a number of techniques. As the politics of law and order in the states have increased, state Parliaments have felt emboldened by these cases to test the outer limits of their legislative power. In such an environment, federal anti-terrorism measures, introduced as extraordinary responses necessary for the exceptional nature of terrorism, have crept into general state policing and expanded. It is in this arena that the Kable doctrine has emerged once again. The principle is now vital to understanding the very real limits of state power, particularly in the law and order arena. This article traces the Court's approach to the principle in three recent cases involving the states' antiorganised crime measures (International Finance Trust Co. v. New South Wales Crime Commission, South Australia v. Totani, and Wainohu v. New South Wales) before offering some conclusions about where the current jurisprudence leaves the states and their perpetual campaign to achieve law and order.

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

JEL Classification: K40

Suggested Citation

Appleby, Gabrielle J. and Williams, John, A New Coat of Paint: Law and Order and the Refurbishment of Kable (November 8, 2012). 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. Available at SSRN: https://ssrn.com/abstract=2173063

Gabrielle J. Appleby (Contact Author)

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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

John Williams

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

University of Adelaide ( email )

No 233 North Terrace, School of Commerce
Adelaide, South Australia 5005
Australia

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