Dr Lisa Crawford
Lisa is a Senior Lecturer in the UNSW Faculty of Law, Deputy Director of the Gilbert + Tobin Centre of Public Law, and the Coordinator of AUSPUBLAW, the Australian Public Law Blog. Lisa teaches and researches in the field of public law, with a special interest in the intersection of constitutional law, administrative law, and legal theory.
Lisa is the co-director of the Statutes Project at the Gilbert + Tobin Centre of Public Law. The Statutes Project examines contemporary developments in legislative practice and statutory interpretation, in comparative perspective. It aims to shed new light on important public law debates by viewing them in light of the way in which statutes are used as a tool of governance in the modern administrative state. Lisa is also the lead author of Public Law and Statutory Interpretation: Principles and Practice (Federation Press, 2017, second edition currently in press), a student-focused text which examines fundamental public law principles together with the principles and process of statutory interpretation.
Lisa's research also explores contemporary challenges to the rule of law, and the role that rule of law ideals might play in legal reasoning. Her book, The Rule of Law and the Australian Constitution (Federation Press, 2017), explores the manner and extent to which the rule of law is protected and promoted by Australian law. In doing so, it challenges the claim that the rule of law is an inherent, justiciable constraint on governmental power, and the theory of common law constitutionalism. This book has been discussed at length in submissions before the High Court of Australia and cited by Edelman J in Graham v Minister for Immigration  HCA 33.
Lisa has also published widely on the constitutional dimensions of judicial review of executive action. For example, her work has examined judicial methods for dealing with statutory conferrals of very broad executive power, and other statutory devices designed to evade judicial review, and the constitutional principles that constrain the scope of executive power that Parliament can confer. Her article, ‘Can Parliament Confer Plenary Executive Power? The Limitations Imposed by Sections 51 and 52 of the Australian Constitution’ (2016, Federal Law Review) was awarded the 2016 Zines Prize for excellence in legal research, and her article 'The Entrenched Minimum Provision of Judicial Review and the Limits of 'Law'" (2017) 45 Federal Law Review 569 was cited by Gordon J in Love v Commonwealth  HCA 3, . Her research with Dr Janina Boughey into the role of jurisdictional error has been cited by the UK Supreme Court in R (on the Application of Privacy International) v Investigatory Powers Tribunal  UKSC 22. Lisa continues to explore the constitutional and conceptual foundations of administrative law in her research.
Lisa holds a PhD from Monash University (for which she was awarded the University medal for Law), a BCL (Distinction) from the University of Oxford, and a BA/LLB (Hons 1) from the University of Western Australia. She has experience teaching in constitutional law, administrative law, and public law and statutory interpretation, and is interested in supervising research projects in any of these fields.
Crawford LB; Boughey J; Castan M; O'Sullivan M, 2017, Public Law and Statutory Interpretation: Principles and Practice, Federation Press, Sydney
Crawford LB, 2017, The Rule of Law and the Australian Constitution, The Federation Press, Annandale, NSW Australia
Boughey J; Crawford L, (ed.), 2020, Interpreting Executive Power, Federation Press, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022341
Crawford LB; Emerton P; Smith D, (eds.), 2019, Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy, Hart, https://www.amazon.com/Law-Under-Democratic-Constitution-Goldsworthy/dp/1509920854
Crawford LB; Boughey J, 2019, 'The Centrality of Jurisdictional Error: Rationale and Consequences', Public Law Review, vol. 30
Boughey J; Crawford LB, 2019, 'Situating Statutory Interpretation in its Public Law Context', Legal Education Review, vol. 29
Boughey J; Crawford LB, 2017, 'Reconsidering R (on the application of Cart) v Upper Tribunal and the Rationale for Jurisdictional Error', Public Law, vol. 2017, pp. 592 - 592
Crawford LB, 2017, 'Expanding the Entrenched Minimum Provision of Judicial Review? Graham v Minister for Immigration and Border Protection', Public Law Review, vol. 28, pp. 282 - 282
Crawford LB, 2017, 'Who Decides the Validity of Executive Action?: No-Invalidity Clauses and the Separation of Powers', Australian Journal of Administrative Law, vol. 24, pp. 81 - 98
Crawford LB, 2017, 'The Entrenched Minimum Provision of Judicial Review and the Limits of 'Law'', Federal Law Review, vol. 45, pp. 569 - 569
Crawford LB; Emerton P, 2016, 'Parliament, the People and Interpreting the Law: Miller v Secretary of State for Exiting the European Union', The University of Queensland law journal, vol. 35, pp. 331 - 331
Crawford LB, 2016, 'Can Parliament Confer Plenary Executive Power? The Limitations Imposed by ss 51 and 52 of the Australian Constitution', Federal Law Review, vol. 44, pp. 287 - 287
Crawford LB, 2014, 'Why These Three?: The Significance of the Selection of Remedies in section 75(v) of the Australian Constitution', Federal Law Review, vol. 42, pp. 253 - 253
Burton L; Williams G, 2013, 'The Integrity Function and ASIO's Extraordinary Questioning and Detention Powers', Monash University Law Review, vol. 38, pp. 1 - 34, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000216833700001&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a
Williams G; Burton L, 2013, 'What future for Australia’s control order regime?', Public Law Review, vol. 24, pp. 182 - 208, http://www.thomsonreuters.com.au/public-law-review-parts/productdetail/20236
Williams G; Burton L, 2013, 'Australia's exclusive parliamentary model of rights protection', Statute Law Review, vol. 34, pp. 58 - 94, http://dx.doi.org/10.1093/slr/hms048
Burton L; McGarrity N; Williams G, 2012, 'The extraordinary questioning and detention powers of the Australian Security Intelligence Organisation', Melbourne University Law Review, vol. 36, pp. 415 - 469, https://www.inslm.gov.au/sites/default/files/submissions/02_-_mcgarrity_and_williams_annexure_a.pdf
Burton L, 2009, 'MZXOT v Minister for Immigration & Citizenship: Last Stop on Route 75(v)?', Australian Journal of Administrative Law, vol. 16, pp. 115 - 115
Crawford L, 2020, 'Between a Rock and a Hard Place: Executive Guidance in the Administrative State', in Interpreting Executive Power, Federation Press
Boughey J; Crawford L, 2020, 'Executive Power in an Age of Statutes', in Interpreting Executive Power, Federation Press
Crawford L, 2019, 'Statutory Meaning Without Parliamentary Intention: Defending the High Court’s “Alternative Approach” to Statutory Interpretation', in
Boughey J; Crawford LB, 2018, 'Jurisdictional Error: Do We Really Need It?', in The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives, Hart
Crawford LB; Goldsworthy J, 2018, 'Constitutionalism', in The Oxford Handbook to the Australian Constitution, Oxford University Press, http://dx.doi.org/10.1093/law/9780198738435.003.0016
Crawford LB, 2018, 'The Rule of Law', in Dixon R (ed.), Australian Constitutional Values, Hart
Crawford LB; Emerton P; Laryea E, 2017, 'Investor–State Dispute Settlement and the Australian Constitutional Framework', in The China-Australia Fair Trade Agreement: a 21st Century Model, Hart
Williams G; Burton L, 2015, 'Australia’s Parliamentary Scrutiny Act: An Exclusive Parliamentary Model of Rights Protection’', in Parliaments and Human Rights Redressing the Democratic Deficit, Bloomsbury Publishing, UK, pp. 257 - 277
Crawford L, 2018, ''The Rule of Law in the Age of Statutes'', Sydney, presented at Australian Association of Constitutional Law, Sydney, 21 November 2018 - 21 November 2018
Crawford L, 2018, ''The Constitutionalisation of Judicial Review: Ambiguities and Challenges'', Australian National University, presented at Public Law Weekend, Australian National University, 02 November 2018 - 03 November 2018
Crawford L, 2018, 'The Age of Hyper-Legislation?', Hong Kong, presented at International Society of Constitutional Law Conference, Hong Kong, 25 June 2018 - 27 June 2018
Crawford LB, 2018, 'Rights Protection, Statutory Interpretation and the Rule of Law', in Rights Protection, Statutory Interpretation and the Rule of Law, Gilbert + Tobin Centre of Public Law Constitutional Law Conference, Sydney Australia, presented at Gilbert + Tobin Centre of Public Law Constitutional Law Conference, Sydney Australia, 23 February 2018 - 23 February 2018, http://thebox.unsw.edu.au/video/2018-unsw-constitutional-law-conference-session-4
Crawford LB, 2017, 'Judicial Review and the Limits of Legislative Power', in Judicial Review and the Limits of Legislative Power, Melbourne Law School Legal Theory Workshop, Melbourne Australia, presented at Melbourne Law School Legal Theory Workshop, Melbourne Australia, 24 March 2017 - 24 March 2017
Crawford LB, 2016, 'Jurisdictional Error: Do We Really Need It?', in Jurisdictional Error: Do We Really Need It?, Public Law Conference, Cambridge United Kingdom, presented at Public Law Conference, Cambridge United Kingdom, 12 September 2016 - 14 September 2016
Boughey J; Crawford LB, 'Jurisdictional Error: Is Disunity Necessary?', presented at Public Law Conference, Cambridge University, Cambridge, 12 September 2016 - 14 September 2016
Boughey J; Crawford LB, 'Situating Statutory Interpretation in its Public Law Context', presented at Statutory Interpretation Teaching Symposium, LaTrobe Law School, 26 October 2017 - 26 October 2017
Rule of Law