Category: Constitutional Law (page 1 of 12)

Dr Yunupingu’s claim for native title compensation – the Constitutional path not yet trodden

BY WILLIAM ISDALE

Late last year, Dr Galarrwuy Yunupingu made news when he announced his intention to make a compensation claim in relation to Commonwealth grants of mining interests in the Gove Peninsula in the 1960s. The claim was lodged … Read the rest

The Rightful Place of First Nations: Love & Thoms

BY EDDIE SYNOT

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Elisa Arcioni and Rayner Thwaites’  accompanying post is here.

The High Court recently delivered its highly anticipated decision … Read the rest

Aboriginal Australians not vulnerable to deportation

BY ELISA ARCIONI AND RAYNER THWAITES

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Eddie Synot’s accompanying post is here.

Introduction

On Tuesday 11 February 2020, the High Court … Read the rest

Extreme Examples in Constitutional Law

BY JACK MAXWELL

‘The spectre was raised in argument of a Government seeking to rule without Parliament or, at the least, dispense with its sitting for very lengthy periods. … We do not believe that it is helpful to consider

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Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

Creeping Normalisation: Vella v Commissioner of Police (NSW)

BY DANIEL REYNOLDS

On 6 November 2019, by majority, the High Court dismissed a challenge to the constitutionality of s 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) (the Act). The challenge was brought on … Read the rest

Spence v Queensland: A Turning Point in the High Court’s Approach to Federalism?

BY NICHOLAS ARONEY AND DANIEL WHITMORE

In May 2019 the High Court of Australia held by majority (Kiefel CJ, Bell, Gageler and Keane JJ) that a provision of the Commonwealth electoral law was invalid, on the basis that it was … Read the rest

The dual citizen ban – what was Barton thinking?

BY BRUCE DYER

Dual citizen parliamentarians are banned under Australia’s Constitution – even if they don’t know of their foreign citizenship. The far-reaching implications of this are evident from Re Canavan and Re Gallagher.

The dual citizen ban results … Read the rest

“A powerful chill”? Comcare v Banerji [2019] HCA 23 and the political expression of public servants

BY KIERAN PENDER

This month, the High Court of Australia confronted for the first time an issue that has vexed courts around the world for decades. How can the compelling need for an impartial bureaucracy be reconciled with the fact … Read the rest

Book Forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State

AUSPUBLAW is pleased to present another of our occasional series of book forums. In this book forum, Dani Larkin and the Hon Robert French AC reflect on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. Dylan Read the rest

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