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.
Academic rigor, journalistic flair
Articles on Australian Constitution
Displaying 1 - 20 of 68 articles
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.
Just when we thought the dual citizenship debacle was coming to an end, there may be another sting in our Constitution's tail.
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.
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.
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.
Today's High Court decision on whether Labor Senator Katy Gallagher is eligible to hold her seat will have significant implications for the whole parliament.
The now-infamous section 44 of the Australian Constitution was a last-minute change by the authors, drafted in private and accepted out of weariness.
To finally succeed, the idea of an Indigenous voice to parliament must be argued as one that is fundamentally democratic.
Michelle Grattan and Nick Klomp discuss the week in politics.
Changing the Constitution is the only way to draw a line under this chaos.
The bottom line is that voters want the citizenship matter fixed quickly.
The Turnbull government is trying to limit the damage from the citizenship crisis with a plan to have all MPs make declarations about their circumstances.
The release of the much-awaited papers from the parliamentary archives will lead to new appraisals of Lionel Murphy's life and work – including his alleged misbehaviour.
Seven MPs are now under a cloud as to whether dual citizenship renders them ineligible to be elected to parliament.
The MPs under a cloud because of dual citizenship need to be very careful about the decisions they make before the matter is resolved. Here's why.
Social media is complicating Australia's implied constitutional right to political speech. Bernard Gaynor's case could offer more clarity.
The government has been rocked by advice that Barnaby Joyce may be a New Zealand citizen, which would make him ineligible to be an MP.
Under US law, the president must publish all of their executive orders for public view. The Australian government is under no such obligation.
Treaties have to be the foundation for constitutional recognition, not the reverse.
Top contributors
-
Professor of Constitutional Law, University of Sydney
-
Professorial Fellow, University of Canberra
-
Professor and Head of School, UNSW
-
Senior Lecturer and Deputy Director, Castan Centre for Human Rights Law, Law Faculty, Monash University
-
Associate Professor, UNSW Law School, UNSW
-
UNSW
-
Senior Lecturer in Australian Politics, Monash University
-
Lecturer in Law, University of Western Australia
-
Lecturer in Law, Murdoch University
-
H. K. Colebatch is a Friend of The Conversation.
Visiting Professorial Fellow, UNSW
-
Senior Lecturer and Programme Director - Comparative Tribal Constitutionalism Research Programme, University of Melbourne
-
Lecturer in Law, Victoria University
-
Laureate Professor, Melbourne Law School, University of Melbourne
-
Lecturer, School of Social Sciences, Monash University
-
Professor, School of Economics, The University of Queensland
