Is the Dismissal a moment that will become even more significant if the push for Australia to become a republic gains momentum?
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Articles on Constitutional law
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Many have claimed that the ending of detention on Nauru is a strategic move to undermine a constitutional challenge to Australia’s offshore detention regime, heard by the High Court this week.
Constitutional judges are best seen as backstops, not as activists for one value like liberty over others like integrity and equality.
A parliamentary committee report recommends several welcome improvements to the government’s citizenship-stripping bill. However, several important concerns remain.
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.
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.
On Tuesday, August 11, prospects for same-sex marriage legislation in Australia in the near future were quashed when the governing Coalition partyroom voted against a conscience vote in favour of maintaining…
Tony Abbott raised several possibilities on Australia’s road to achieving same-sex marriage. But the only way Australia will get there is through parliament.
The novel’s two main characters represent the constitutional conundrum that many Americans grappled with in the pre-civil rights era.
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.
Let’s hope Ireland votes Yes, but the government could have made sure marriage equality happened years ago.
Australia’s Constitution contains few constitutional rights or protections, and most of those that do exist are not predicated on citizenship.
Regardless of whether George Brandis’ action was illegal, it represents an attempt by the very institutions charged with protecting the rule of law to unduly influence it.
As we celebrate 800 years since the signing of the Magna Carta, many believe that it is time British values were clarified in a codified document for our age. The place to define them could be in a written…
While counting continues in the Queensland election, one possibility is a hung parliament with neither major party holding a majority. Prior to the election, both party leaders indicated that they would…
If the Liberal National Party wins the Queensland election on Saturday, but its leader, Campbell Newman, loses his seat of Ashgrove, can he remain premier? This may be the question vexing minds on Sunday…
Under Australian law, changes to the GST are said to be not permitted unless the states agree to the changes. In reality, the GST lock-in mechanism is legally meaningless and unenforceable, though it may…
The Australian Constitution says residents have the right to water from the rivers for irrigation and conservation purposes but governments have brought in laws that are restricting this – One Nation’s…
This week’s hostage tragedy in Sydney’s Lindt Cafe will cast a long shadow. It will force us to rethink our readiness for emergencies and the adequacy of our criminal justice system. There has already…
Last Friday, the High Court handed down its decision in a constitutional challenge to Queensland’s controversial suite of anti-bikie laws. This decision is as interesting for what it does not decide as…
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