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Articles sur Constitutional law

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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…
The military court system in Australia has gone through many ups and downs with more to come. AAP Image/Australian Department of Defence

The new Australian Military Court: a fair go for defence force personnel?

Last week, the Commonwealth Attorney-General Nicola Roxon introduced a bill establishing the Australian Military Court as a constitutional court. If the bill passes, it will bring Australia into line with…
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…
The High Court decision against Palm Island rioter, Lex Wotton highlights concerns about how little our constitution does to protect us. AAP Image/Ian Hitchcock

Silencing Lex Wotton: Palm Island riot decision a blow for freedom of speech

When a prisoner has served their time, it’s difficult to understand why they would be stopped from engaging in public debate or communicating with the media. But a new precedent has been set by the High…
The leadership spill could lead to constitutional confusion if Rudd wins next week’s ballot. AAP Image/Alan Porritt

What happens if Kevin Rudd wins the leadership spill?

Prime Minister Julia Gillard announced this morning that she will hold a leadership ballot at 10am on Monday, to “settle once and for all” Labor’s escalating leadership crisis. Kevin Rudd has not formally…
Tony Abbott says the end is near for the government, but can he bring it down? AAP/Alan Porritt

Explainer: motions of no confidence and the constitution

After declaring the Gillard government was entering its “endgame”, opposition leader Tony Abbott is believed to be preparing to table a motion of no confidence. Since Tasmanian independent Andrew Wilkie…
It’s essential that we get it right when it comes to changing our constitution to recognise Aboriginal Australians. Flickr/Rusty Stewart

Indigenous recognition: we can’t afford to water down constitutional reform

Earlier this year, the Expert Panel on Constitutional Recognition of Indigenous Australians gave its final recommendations to the government. Recognition would acknowledge the unique place of Aboriginal…
We should take a closer look at the history of the Constitution before reforming it. Flickr/Rusty Stewart

Indigenous recognition and the Section 25 quandary

The one recommendation of the Expert Panel on Indigenous Constitutional Recognition that everyone appears to support is the repeal of section 25 of the Constitution. Section 25 says that if a State law…
Newly appointed Attorney-General, Nicola Roxon may be surprised to find the bill of rights she doesn’t want is already in place. AAP Image/Julian Smith

Roxon got it right: we don’t need a bill of rights because we’ve already got one

The new Commonwealth Attorney-General, Nicola Roxon has said that in her new role she would not push for a bill of rights to be included in the constitution. But many would be surprised to learn she doesn’t…
It’s time to recognise the first Australians in our constitution. Flickr/Rusty Stewart

It’s time to recognise Indigenous Australia in our constitution

Last week, the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples concluded its deliberations on reform proposals. While we wait on the release of their final report…

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