Category: Constitutional Law (page 1 of 8)

The Parliament, the Court of Disputed Returns, and the Solicitor-General

BY GABRIELLE APPLEBY

In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest

Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By ANNE TWOMEY

While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest

The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?

BY JANINA BOUGHEY

In the midst of the Liberal Party’s recent leadership turmoil, questions were raised about Peter Dutton’s eligibility to sit in Parliament. As Minister for Home Affairs (which, until the latest re-shuffle included immigration) Dutton was responsible, … Read the rest

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest

The Northern Territory Court of Appeal Goes Off the Beaten Track

BY CHRIS RONALDS SC AND CRAIG LONGMAN

In the recent decision of Munkara v Bencsevich & Ors, the Northern Territory Court of Appeal appears to have adopted an interpretation of s 10 of the Racial Discrimination Act 1975 (Cth)Read the rest

ICON-S Conference Roundup – Identity, Security, Democracy: Challenges for Public Law

BY BRIGID MCMANUS

Between 25 and 27 June, Hong Kong University hosted the 2018 conference of the International Society of Public Law (ICON-S). The conference was held to coincide with the 50th anniversary of Hong Kong University’s law faculty, … Read the rest

Bye-bye By-Elections? Ritual and Rhythm and Voting out of Season

BY GRAEME ORR

By-elections have been a fixture of our political landscape since colonial times, and then some. They emerged, at Westminster, in the 16th century Reformation Parliament. By the 17th century Restoration they were common. Not least … Read the rest

Re Gallagher: Inconsistency, Imperatives and Irremediable Impediments

Anne Photos 003BY ANNE TWOMEY

The High Court’s judgment in Re Gallagher caused four Members of Parliament to resign and provoked further debate about the amendment of s 44 of the Constitution.  This culminated in a report by the Joint Standing Committee … Read the rest

Burns v Corbett: Courts, tribunals, and a new implied limit on state legislative power

BY STEPHEN MCDONALD

In Burns v Corbett, the High Court unanimously held that State tribunals that are not State courts cannot exercise judicial power with respect to any of the classes of matters listed in ss 75 and 76 … Read the rest

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest

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