Secondary Rules – Details, episodes & analysis

This week’s ‘big idea’ is ‘The Rule of Law’: Joshua and Ryan thinking about chickens and ducks, the laws of cricket, and the mafia; and Joshua offers a few gratuitous reflections on the French.

Further reading for this week:

• Waldron on the rule of law
• Lisa Burton Crawford on the rule of law
• Lon Fuller on King Rex
• Remembering Prof Gardner (1965-2019)

Learn more about ANU Law here. Our thanks to the ANU College of Law and the ANU Centre for Learning and Teaching. The ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to elders past and present. 

Secondary Rules returns for a new season! This week, our ‘big idea’ is ‘The People’: Joshua and Ryan thinking about revolutions in France, the US and beyond; why it’s a bad idea to make big decisions on an empty stomach; and how everything comes back to the Parting of the Red Sea.

For more, check out:

Hannah Arendt (1963) 

Independence National Historic Park, Pennsylvania 

Learn more about ANU Law here. Our thanks to the ANU College of Law and the ANU Centre for Learning and Teaching. The ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to elders past and present. 

In each episode of Season 2, we’ll tell the story of a great landmark court decision from Australia or around the world. This week: terrorism on the streets of Gibraltar and the right to life, in the European Court of Human Rights' decision in McCann and Others v United Kingdom (21 ECHR 97 GC). 

• McCann v UK (1995) 
• European Convention on Human Rights

Learn more about the ANU College of Law here. Our thanks to the ANU College of Law Marketing and Communications team. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to elders past and present. 

This week, Joshua Neoh and Ryan Goss delve deep into one of the most pivotal cases in American legal history: Brown v. Board of Education, 347 U.S. 483 (1954). Discover how the case forever changed the landscape of education and civil rights in the United States through its ruling that state laws establishing racial segregation in public schools are unconstitutional.

• Brown 1
• Brown 2
• Plessy

Learn more about the ANU College of Law here. Our thanks to the ANU College of Law Marketing and Communications team. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to elders past and present. 

This week, on a special mini episode of Secondary Rules, Joshua Neoh and Ryan Goss talk about the Coronation of Australia’s Head of State, King Charles III, which takes place abroad this weekend. Further reading:

• House of Commons Library Guide to the Coronation (2023)
• Australia and the Coronation (Prime Minister and Cabinet)
• Coronation Quiche
• The Coronation Cases of 1902

Learn more about the ANU College of Law here. Our thanks to the ANU College of Law Marketing and Communications team. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to elders past and present. 

This week on the last Secondary Rules for 2022, Joshua Neoh and Ryan Goss talk Revelation, revolutions, recidivism, and Rishi.

Remember to take our survey!

• Revelation (c AD 95)
• Garlett v WA (2022)
• Joshua’s new book!

If you're a student in Australian Public Law or Legal Theory this semester, more available on the course WATTLE sites.  

Learn more about the ANU College of Law here. Our thanks to Jack O’Brien, Tom Fearon, and the ANU College of Law. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to Elders past and present.  

This week on Secondary Rules, Joshua Neoh and Ryan Goss talk dual-citizenship and the stripping of “foreign fighters” citizenship, the decline and fall of Liz Truss, and torture in an age of terror.

Take our survey!

• Alexander [2022] HCA 19
• Bybee Memo (1 Aug 2002)

If you're a student in Australian Public Law or Legal Theory this semester, more available on the course WATTLE sites.  

Learn more about the ANU College of Law here. Our thanks to Jack O’Brien, Tom Fearon, and the ANU College of Law. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to Elders past and present.  

This week on Secondary Rules, Joshua Neoh and Ryan Goss talk panopticon and the pandemic, how we get our High Court judges, and offer some generalisations about French philosophers and the US Senate.

• Ethics Explainer: The Panopticon
• Port Arthur ‘Separate Prison’ panopticon
• Prof Andrew Lynch on judicial appointments reform (AusPubLaw)
• English Judicial Appointments Commission
• Keane laments exit after ‘wonderful’ innings on High Court (AFR)

Learn more about the ANU College of Law here. Our thanks to Jack O’Brien, Tom Fearon, and the ANU College of Law. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to Elders past and present.  

This week on Secondary Rules, an unprecedented Joshua Neoh and Ryan Goss discussion about precedent, when Courts change their minds, and how legal systems sit alongside one another. Thrown in along the way: a dramatic HCA transcript reenactment and a look at upcoming US Supreme Court cases.

• Williams (No 1)(2012)
• 2nd Territory Senators Case (1977)
• Labor drops Coalition bid to overturn high court ruling (2022)
• US Supreme Court’s Big New Term (2022)
• Judicial Committee of the Privy Council

If you're a student in Australian Public Law or Legal Theory this semester, more available on the course WATTLE sites.  

Learn more about the ANU College of Law here. Our thanks to Jack O’Brien, Tom Fearon, and the ANU College of Law. ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to Elders past and present.  

This week on Secondary Rules, Joshua Neoh and Ryan Goss talk about Pape & the Pope: how law is like scripture, who gets to decide when there is an emergency, and Justice Jayne Jagot.

• Neoh, Law, Love, and Freedom (2019)
• Martin Luther’s 95 Theses (1517)
• Pape (2009)
• Belmarsh Case (2004)
• Appointment of Justice Jagotovens on accountability (2007)

If you're a student in Australian Public Law or Legal Theory this semester, more available on the course WATTLE sites.  

Interested in starting your own law studies or learning more about our legal research? Learn more here.  

Our thanks to Jack O’Brien, Tom Fearon, and the ANU College of Law for their production of the podcast. Our theme music is by Soul Shifters.  

ANU acknowledges and celebrates the First Australians on whose traditional lands we meet, and pays our respect to Elders past and present.