President Donald Trump declaring a national emergency to build a wall.
The constitutional conflict between Congress and President Trump over his emergency declaration has potential to undermine centuries of checks and balances between the two branches of government.
Will the public ever see a report from Special Counsel Robert Mueller?
Will the public ever see a report from Robert Mueller's investigation of possible collusion between the Trump campaign and Russia? Maybe not. There are big legal hurdles to making it public.
Letter from President Trump to House Speaker Nancy Pelosi.
After the recent government shutdown and breakdowns in functioning within all three branches, it looks like the separation of powers system is broken or unbalanced. It is – and it isn't.
New legislation in WA might provide reassurance to victims of crime, but risks political interference when it comes to deciding who gets parole.
Under new WA legislation, the state's attorney-general has the power to order serial killers and mass murders remain in jail, sometimes without judicial review.
The Vaal River in Gauteng, South Africa’s richest province, is polluted.
South Africa's local governments lack a clear separation of legislative and executive powers.
Trump with Supreme Court Justice Anthony M. Kennedy.
EPA/Jim Lo Scalzo
Donald Trump is far from the first president to politicise the judiciary, but the way he's going about it is uniquely dangerous.
Mmusi Maimane is leading efforts to combat the water crisis.
EPA/Mark Wessels (Pool)
Opposition leader Mmusi Maimane's takeover of responsibility for tackling the Western Cape water crisis blurs party and state lines.
U.S. Supreme Court Justice Ruth Bader Ginsburg.
AP Photo/Charles Rex Arbogast
A survey asked Americans what they would do if the Supreme Court started making many unpopular decisions. Here's what they said.
The opposition is determined to get rid of President Jacob Zuma even if it means overriding democracy.
What South Africa's opposition parties want Parliament and the courts to do would damage the country's democracy.
South Africa’s Chief Justice Mogoeng Mogoeng making a ruling on secret ballots in Parliament at the Constitutional Court in Johannesburg.
A motion of no confidence - secret or open - in South Africa's president will be destabilising. There's value in ensuring that such a hefty decision is made openly and with courage of conviction.
Former FBI Director Robert Mueller testifies on Capitol Hill in Washington in 2011.
AP Photo/Evan Vucci, File
How will Mueller perform as special counsel? A historian compares his actions with another former FBI director to find out.
Revenge is sweet – but if the Democrats indulge in it, they could dramatically weaken a whole branch of the US government.
Trump stalks the halls of the US Capitol.
There's a whole system of checks and balances in place to stop a president like Trump going too far.
The efficacy of our political conventions relies on a healthy respect in society for their role in regulating our governments.
Laws play their role in regulating our governments, but so does our own respect for political conventions. And the way these are upheld goes to the heart of our freedom as democratic people.
Giving constitutional status to an Indigenous advisory body would give Indigenous Australians a say about laws that directly affect them.
Proposals for constitutional recognition of Indigenous people are gaining momentum but also raising legal concerns. Here is a form of words to create an advisory council that overcomes those concerns.
The failure of senior ministers of government to observe basic protocols of respect for the Human Rights Commission and its president, Gillian Triggs, gives the nation a signal that the institutions of democracy are dispensable.
In his incautious remarks about the Australian Human Rights Commission’s (AHRC) report into children in detention, Prime Minister Tony Abbott has shown a disregard for basic institutions of democracy that…
Andrew Wilkie argues that parliamentary debate and authorisation should be necessary for Australia to go to war.
With the announcement of Australia’s involvement in dropping aid to Kurdish fighters engaged against Islamic State extremists in northern Iraq, questions have again arisen about who should control Australia’s…
Australia’s judiciary has emerged as a political and activist institution, frustrating the militarised strategies of the Abbott government in asylum policy.
The full bench of the High Court will hear the case of 157 Sri Lankan asylum seekers currently on an Australian customs vessel over two days, starting on August 5. But when the High Court issued an injunction…
The Queensland government is playing brinkmanship with the state’s legal fraternity over the appointment of Tim Carmody (centre) to Chief Justice of the Supreme Court.
The Queensland government’s appointment of Tim Carmody as Chief Justice of that state’s Supreme Court is, without doubt, the most controversial judicial appointment in the nation’s history. This is because…