Category: Constitutional Law (page 1 of 11)

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

Book Forum: Dani Larkin

Dani Larkin provides the first post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State. To see all posts, please click here. Click through for a post by the Hon Robert Read the rest

Book Forum: The Hon Robert French AC

The Hon Robert French AC provides the second post in our book forum on Dylan Lino’s Constitutional Recognition: First Peoples and the Australian Settler State.? To see all posts please click here. Click through for a post Read the rest

Book Forum: Dylan Lino

Dylan Lino replies to reflections from Dani Larkin and the Hon Robert French AC on his book Constitutional Recognition: First Peoples and the Australian Settler State. To see all posts please click here.

BY DYLAN LINO

Putting a … Read the rest

Picking up where Rizeq left off: Masson v Parsons [2019] HCA 21, s 79 of the Judiciary Act and the “otherwise provides” test

BY CELIA WINNETT

In Rizeq v Western Australia (‘Rizeq’), the High Court seized the opportunity to resolve some of the doubts that had “regrettably” (at [39]) arisen concerning the operation of s 79 of the Judiciary Act 1903 (Cth)Read the rest

Legislative Equality for Vulnerable Australians

BY ZACH RICHARDS

Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas)

On 10 April 2019 Tasmania passed legislation that will make life significantly easier for vulnerable transgender (hereafter ‘trans’) people. The Justice and Related Legislation (Marriage and Read the rest

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