Menu Fermer

Articles sur Constitutional law

Affichage de 81 à 100 de 107 articles

The first legal challenge to Queensland’s hardline anti-bikie laws is set to hit the High Court. But what are its chances of success? AAP/Dan Peled

Hells Angel takes on bikie laws in court, but what are his chances?

Hells Angel Stefan Kuczborski has launched a constitutional challenge to more than a dozen sections of the Newman government’s notorious anti-bikie laws in Queensland. These include the Vicious Lawless…
Jolly good. Now, about that small matter… Paul Rogers/PA Wire

Explainer: what political clout does Prince Charles have?

A matter concerning Prince Charles, letters written to government ministers and a bid by the Guardian to make them public has been playing out in British courts and the media for the past few years. It…
Universities could soon become a Commonwealth responsibility – so why would the states give up the power? University image from www.shutterstock.com

Taking over universities: why the states would give up control

State and federal relations are almost always a bumpy ride – you only have to look at the recent stoush over schools funding to see that. So when relations go well and we see a glimpse of that perfect…
The High Court has ruled the ACT’s same-sex marriage law invalid, citing its inconsistency with the federal Marriage Act. AAP/Alan Porritt

ACT law delivers neither marriage nor equality: the High Court’s verdict

The ACT’s Marriage Equality (Same Sex Act) 2013 produced neither a marriage nor equality. Instead it produced inconsistency, leaving the law completely inoperative. Those who exchanged marriage vows last…
The High Court will this week begin deliberating on whether or not the ACT’s same-sex marriage bill is consistent with the Constitution. AAP/Alan Porritt

Same-sex marriage and the High Court: previewing the arguments

This week, the High Court will begin hearing the Commonwealth’s challenge to the ACT’s Marriage Equality (Same Sex) Act 2013. But don’t expect lofty rhetoric about equality; the case is really about the…
The legislation prohibits protests within 150 metres of an abortion clinic that are able to be seen or heard by a person accessing the clinic. AAP/Mariza O'Keefe

Tasmanian ban on abortion clinic protests may not be constitutionally valid

Tasmania’s abortion law reform bill, which passed late last week, decriminalises abortion and obligates medical practitioners with a conscientious objection to abortion to provide information about access…
Should it be the role of the Constitution to protect individual rights from being trampled on, such as by Queensland’s newly-introduced anti-bikie legislation? AAP/Dan Peled

Bikies crackdown: did the Constitution fail Queensland?

Last week, Queensland’s state government introduced a number of tough new law and order measures targeting serious sexual offenders and bikies. Under the new laws, bikie gang members in Queensland face…
What are the constitutional and political issues for Tony Abbott to consider around double dissolution elections? AAP/Alan Porritt

Explainer: what are double dissolutions and how do they work?

Prime minister Tony Abbott has indicated (again) that he is willing to set in motion the procedures necessary to call a double dissolution election, in order to force the repeal of the carbon tax through…
It all comes down to matters of interpretation, and the interpretation that counts is that of the High Court. Image from shutterstock.com

Explainer: can the Commonwealth override the ACT on marriage equality?

The ACT’s Marriage Equality Bill, which is expected to pass parliament later this month, has revived the controversy about who can legislate for same-sex marriage, with the Commonwealth proposing to challenge…
Opposition leader Tony Abbott plans to move a motion of no confidence in the government - but he faces constitutional and conventional hurdles in his attempts to hold an early election. AAP/Lukas Coch

Would a no confidence vote in Julia Gillard create even more confusion in Canberra?

Opposition leader Tony Abbott has confirmed he plans to move a motion of no confidence against Julia Gillard’s government in the next two parliamentary sitting weeks. But in the event a no confidence motion…
Embattled federal MP Craig Thomson has been granted bail after being charged with fraud. AAP Image/Quentin Jones

What next in the Craig Thomson case?

The Craig Thomson case will take over a year to work its way through the Victorian courts and is unlikely to result in the…
Local Government minister Simon Crean is set to dump a promised referendum of constitutional recognition for councils. AAP/Alan Porrit

Constitutional recognition for councils: a better governed Australia

Few oppose constitutional recognition of local government as a concept. Indeed, while the current debate concerns recognition in the federal constitution, local government has been readily accepted in…
The final pieces of the historical puzzle around the 1975 Whitlam dismissal are not as sensational as they first seem. Image courtesy of National Archives of Australia. NAA: A6180, 13/11/75/33

Mason’s role in the 1975 dismissal ‘unprecedented’? Hardly …

Much hyperbole has been generated by the recent revelations concerning Sir Anthony Mason’s involvement in the 1975 dismissal, but for the most part it shows ignorance of the past. Earlier this week, The…
It’s not time to break out the confetti yet; Tasmania faces legal hurdles before it can allow same-sex marriage. AAP/Tracey Nearmy

Explainer: can Tasmania legalise same-sex marriage?

Does the Tasmanian Parliament have the power to pass a law permitting same-sex marriage? The short answer is yes. But the more difficult question is whether that law will be effective or whether it will…
Fortescue founder and current non-executive chairman, Andrew Forrest has been a prominent critic of the federal government’s mining tax. The company has finally launched a much anticipated High Court challenge to the tax. AAP

Fortescue launches High Court challenge to mining tax

Perth-based mining giant Fortescue Metals Group has launched a last-minute High Court action against the mining tax, planning to argue the legislation - due to start on July 1 - breaches the Australian…
If Australia is to set an example in the region, we need to clean up our constitution and abolish the race powers act. AAP/Courtesy of Traditional Owners and Rio Tinto Alcan/Peter Eve

Australia will need a strong constitution for the Asian Century

AUSTRALIA IN THE ASIAN CENTURY – A series examining Australia’s role in the rapidly transforming Asian region. Delivered in partnership with the Australian government. Here, Dr Matt Harvey argues that…

Les contributeurs les plus fréquents

Plus