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.
It is important government continue – and be able to be properly scrutinised – during this time of crisis, and the Australian Constitution allows it to be done electronically.
Two former high court justices and constitutional experts have thrown their support behind the importance of a First Nations Voice to parliament.
Had Peter Dutton won the 2018 leadership ballot and become prime minister, the governor-general may have had some tricky legal arguments on his hands.
AAP/Ellen Smith
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.
The ABC and News Corp have argued that the AFP raids infringe the “implied freedom of political communication” protected by the Australian Constitution.
AAP/The Conversation
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.
Many high school students are politically engaged. But how would they change the preamble to the Constitution?
AAP/Lukas Coch
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.
Scott Morrison has been returned as prime minister, but we don’t yet know if the Coalition will get to the 77 seats it needs to form majority government (minus the speaker).
AAP/Joel Carrett
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.
Queensland Senator Fraser Anning has been condemned for his comments in the wake of the fatal Christchurch mosque massacre.
MICK TSIKAS/AAP
The short answer is no. But the longer answer is that it has a complicated history (and the best remedy remains at the ballot box).
The High Court has awarded the Ngaliwurru and Nungali peoples just over A$2.5 million for the loss of 1.27sqkm of non-exclusive native title at Timber Creek, Northern Territory.
Shutterstock
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.
With the Morrison government now in minority, it is possible a bill for the transfer of asylum seekers from Nauru could pass against the government’s wishes.
AAP/Mick Tsikas
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.
A minority government is still possible to manage, but will make Prime Minister Scott Morrison’s job that bit tougher.
AAP/Mick Tsikas
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.
There is enough in the Dutton case to raise questions about whether disqualification has occurred.
AAP/Lukas Coch
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.
Might there be yet another way in which parliamentarians can unwittingly fall foul of dual citizenship laws?
Shutterstock
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.
According to the committee more than half of all Australians would have to reorder some aspect of their affairs if they wanted to nominate for parliament.
Flickr
Ahead, the choice is between a patch-up or a proper solution. The patch up is inevitable in the short term but is a cop-out as a long-term answer.
The dual citizenship crisis claimed five more scalps today: Katy Gallagher, Susan Lamb, Rebekha Sharkie, Justine Keay and Josh Wilson.
Emil Jeyaratnam/The Conversation using AAP images
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.
Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University