The Yes/No case has long been flawed and the government is right to dispense with it. But it will need to replace it with something else to counter misinformation – and do so with great care.
Academic rigour, journalistic flair
Articles on Australian Constitution
Displaying 21 - 40 of 121 articles
Some Australians have dismissed a Voice to Parliament as inconsequential. That argument is mistaken.
Legally, there does not need to be anything done in Australia to result in the change from queen to king. That happens automatically.
The High Court found the NSW laws were not unconstitutional – but there is still much room for reform.
The type of recognition proposed in this current amendment goes beyond just words on a page. It is no mere formulaic opening recitation.
Of 44 referendums put to the Australian people since federation, only eight have passed – but those championing a First Nations Voice to Parliament need not be deterred.
Voter ID is costly, unnecessary. and cuts across the compulsory voting that has long been the law in Australia.
Pseudolaw arguments against vaccine, mask and test rules mix real and fantasy legal ideas.
Most Australians have known no British sovereign other than the queen. Without her, questions about a republic will again come to the fore.
While advice to ‘prorogue’ or halt a term of government is controversial, it remains appropriate to prevent a vote of no confidence while by-elections are pending.
The national plan is not set in stone. States will make their own decisions about complying with it - including on border closures.
Everyone from human rights experts to famous cricketers are expressing their disgust at the federal government’s India travel ban. Its legality depends on what laws you are looking at.
As a “Voice” that would allow Indigenous Australians to have a say in parliamentary and government decisions that affect them takes shape, it is vital it be enshrined in our Constitution.
The mission of Voice. Treaty. Truth in the Uluru Statement represents very carefully sequenced reforms. A proper understanding of these should guide any constitutional changes.
There are many questions regarding The Dismissal that can still be debated. But the queen simply advised the governor-general to follow the constitution, which is as she should have done.
After a long court battle, Australians are finally about to learn more about one of the most pivotal episodes in our political and constitutional history.
There are many ideas on how Indigenous recognition can be achieved in line with the Uluru Statement from the Heart. We need to keep exploring them until we find one that will work.
The answer is in the reason for re-opening only to some parts of the country. And our constitution allows states a bit of leeway to decide what is in their citizens’ best interests.
However, the win does not necessarily mean the public will have access to the letters - much now rests on what the National Archives does next.
The Indigenous Constitutional Voice has been miscast by mischievous politicians as quasi-separatism. Australians were frightened by the inference it was not just illiberal, but un-Australian.
Top contributors
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Professor emerita, University of Sydney
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Professor, UNSW Law School, UNSW Sydney
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Professorial Fellow, University of Canberra
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Dean and Professor of Law, UNSW Sydney
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Associate Professor, Faculty of Law & Justice, UNSW Sydney
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Associate Professor, Law Faculty, Monash University
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UNSW Sydney
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Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University
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Associate Professor and Deputy Director, Kaldor Centre for International Refugee Law, UNSW Law & Justice, UNSW Sydney
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Associate Professor, TC Beirne School of Law, The University of Queensland
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Lecturer in Law, Murdoch University
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Senior Lecturer in Australian Politics, Monash University
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Senior Lecturer, The University of Western Australia
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Visiting Professorial Fellow, UNSW Sydney
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Senior Lecturer, Faculty of Law, Queensland University of Technology
