The Constitution says that the governor-general can only act to fill a vacancy in the prime ministership if there is one - but in this case, some complex questions would have arisen.
Media companies’ legal challenges to the legitimacy of recent AFP raids will allow the courts to clarify where the line is between national security and press freedom.
At a recent constitutional convention, high school students from across the country designed a new preamble to the Constitution to bring it into line with their idea of how Australia should be.
First, change the constitution. Then, negotiate the detailed design of the First Nations voice to parliament: this is the only way to bring about meaningful reform.
While the Constitution was brought into play in the debate on this bill, it actually has little to say on the matter – and the government can still govern despite its passing.
There has been recent speculation that governments could advise royal assent not be granted if bills are passed against their wishes. Here’s why this is very unlikely to happen.
Problems with section 44 of the Constitution have absorbed a great deal of time, money and energy over the past year – it’s time all politicians worked towards genuine reform.
It is possible the home affairs minister is in breach of Section 44(v) of the Constitution – and if the High Court were to find him so, it would cause yet another headache for the government.
A report into the dual citizenship saga provides a number of practical recommendations to improve compliance with section 44 of the Constitution, but also confirms there is no easy fix.
Today’s High Court decision against Katy Gallagher has clarified how to interpret the constitution on this matter. But the problem of dual citizenship can only be properly fixed by a referendum.
Today’s High Court decision on whether Labor Senator Katy Gallagher is eligible to hold her seat will have significant implications for the whole parliament.
Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University