Category: Constitutional Law (page 1 of 4)

Clive Palmer and the bankruptcy ‘Star Chamber’?  The granting of powers of inquiry to courts under Ch III of the Constitution


In Palmer v Ayers, the High Court considered the congruence of powers of examination given to the Federal Court in its supervision of bankruptcy with Chapter III of the Constitution. In modern constitutional law, the separation … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power


We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Close of Day


Bob Day’s financial problems came to a head through the collapse of the South Australian division of his company Homestead Homes. His constitutional problems arose through his insistence on having his Senate electoral office in his own … Read the rest

A Ban on Foreign Political Donations: Definitions, Scope and Constitutional Validity


The federal Joint Standing Committee on Electoral Matters has recommended that foreign citizens and entities be banned from making political donations to political parties, associated entities (such as trade unions and dedicated fundraising bodies) and third parties … Read the rest

Locating the Place of the Royal Prerogative After Miller


It is often claimed that the constitutional history of the United Kingdom is the history of the tension between the Crown and Parliament. This historical narrative emphasises the ascendency of the latter institution over the former. It … Read the rest

Human Rights To BREXIT …. And Beyond


It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

Constitutional and community aspects of flag burning in Australia


 On Australia Day 2017, as part of an Invasion Day protest held in Sydney, a 20-year-old man set fire to an Australian national flag. While the march had been proceeding peacefully, that action ignited violence as … Read the rest

‘Incapable of being chosen’


At the federal election on 2 July, Rod Culleton was among the more attractive candidates for Pauline Hanson’s One Nation – cheerfully free from any sign of cultural and ethnic prejudice, and given to enjoyably flamboyant flourishes … Read the rest

Chief Justice French on Non-Statutory Executive Power: A Timely Reflection

amanda-sapienzaBY AMANDA SAPIENZA

As the retirement of Chief Justice Robert French from the High Court draws closer, there will be many occasions for reflecting on his legacy. The focus of this post is on an area in which he perhaps … Read the rest

Another Day in Court: The purpose and interpretation of section 44(v)

oscar-roos BY OSCAR ROOS

Today the High Court will sit as the Court of Disputed Returns and hold a directions hearing in relation to the former South Australian senator, Bob Day. The directions hearing will be held because on 7 November … Read the rest

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