Category: Constitutional Law (page 1 of 4)

Locating the Place of the Royal Prerogative After Miller

BY BYRON KAREMBA

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

BY CONOR GEARTY 

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

BY CATHERINE BOND

 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’

BY TONY BLACKSHIELD

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

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

Australia’s South Sea Islanders – still paying for the law’s failure

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BY PETER PRINCE

‘[I]f you have hundreds of years of racial discrimination, it’s likely that the vestiges of that discrimination linger on – and we should acknowledge that and own that’ – President Barack Obama

Emelda Davis of the Australian … Read the rest

Creating new states from Australia’s existing states

anna-rienstra-and-george-williams

BY ANNA RIENSTRA AND GEORGE WILLIAMS

Should Australia have more states? This question has recently resurfaced in Queensland, where last week Robert Katter of Katter’s Australia Party unsuccessfully moved a motion in the Parliament to create a new state in … Read the rest

When is finality trumped? Kirk and the principle of finality

Sarah-jane Morris

BY SARAH-JANE MORRIS

The High Court of Australia has repeatedly stated that it is a ‘central and pervading tenet of the judicial system’ that ‘controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances’, such … Read the rest

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