Articles on Constitutional law

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Election officials scan voters' identity documents during South Africa’s local government elections in Umlazi, Durban. Reuters/Rogan Ward

South Africans have made their voices heard. Now what for local councils?

Many municipalities in the South Africa don't function properly because of poor management and administrative capacity. They don't have enough appropriately qualified and experienced staff.
State leaders endorsed a plan at COAG last week that would see some terrorists jailed indefinitely. AAP/David Moir

The government still needs to demonstrate that indefinite detention for terrorists is necessary

Detaining persons convicted of terrorist offences for lengthy periods after they have served their time could risk radicalising a section of the community who see the measure as unjust.
The government’s citizenship-stripping bill passed on the final parliamentary sitting day of 2015. AAP/Dan Peled

New laws make loss of citizenship a counter-terrorism tool

If we are content to sanction, disapprove and respond to sole nationals committing terror-related offences without revoking their citizenship, why is revocation necessary for dual nationals?
The 1975 crisis surrounding the dismissal of the Whitlam government was brought about in part by the nature of Australia’s constitutional arrangements. NLA

What might The Dismissal’s legacy mean for an Australian republic push?

Is the Dismissal a moment that will become even more significant if the push for Australia to become a republic gains momentum?
Labor says it will move a motion in the Senate this week for a message to be sent to the Governor-General, requesting he dismiss Dyson Heydon as royal commissioner. AAP/Alan Porritt

Can the Senate force the removal of a royal commissioner?

Given the Governor-General usually acts on the advice of the government and its ministers, an address from the Senate on Dyson Heydon is unlikely to have any effect.
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law. AAP/Dan Peled

Bill relies on legal fiction of self-executing law to revoke citizenship

Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.
Immigration Minister Peter Dutton will have the sole power to strip dual nationals of their Australia citizenship if they are believed to be involved in terrorist activities. AAP/Dave Hunt

Explainer: what is ‘judicial review’? How does it apply to citizenship?

Simply having judicial review for the contentious power to strip citizenship from dual nationals suspected of involvement with terrorism – without independent merits review – is far from reasonable.

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