Category: Constitutional Law (page 1 of 10)

Joint sittings, common fund orders and comity

BY ANNA OLIJNYK

Something unusual happened in Sydney on 4 and 5 February this year. The Full Court of the Federal Court and the New South Wales Court of Appeal sat together, in the same courtroom, to hear two matters: … Read the rest “Joint sittings, common fund orders and comity”

Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

In Griffiths v Northern Territory [2019] HCA 7 (Timber Creek), the High Court delivered its first judgment regarding the compensation provisions in Part 2 of the Native Title Act 1993 (Cth) (the … Read the rest “Where to Next? Native Title Compensation following Timber Creek”

It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process

BY LOU DARGAN

In Hocking v Director-General of the National Archives of Australia, a divided Full Federal Court (Allsop CJ and Robertson J, Flick J dissenting) ruled that the Palace Letters – the correspondence between Sir John Kerr and … Read the rest “It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process”

Can Standing Orders Prevent a Simple Majority of the House of Representatives From Passing a Bill Against the Government’s Wishes?

BY ANNE TWOMEY

Lacking an outright majority in the House of Representatives, the Morrison Government is facing the prospect that not only might it lose votes in the lower House, but a bill might be passed against its wishes, such … Read the rest “Can Standing Orders Prevent a Simple Majority of the House of Representatives From Passing a Bill Against the Government’s Wishes?”

Getting to ‘Yes’: Why our approach to winning referendums needs a rethink

BY PAUL KILDEA

Would a proposal to constitutionally entrench a ‘First Nations Voice’ pass if it were put to a referendum? What about attempts to amend section 44, or replace the Governor-General with an Australian head of state? For years, … Read the rest “Getting to ‘Yes’: Why our approach to winning referendums needs a rethink”

A Referendum on the First Nations Voice to Parliament is a National Priority

 BY TEELA REID

Labor has promised to uphold its commitment to enshrine a First Nations Voice to Parliament as a matter of priority. This means Bill Shorten has the opportunity to redefine a nation that so desperately needs leadership. Despite … Read the rest “A Referendum on the First Nations Voice to Parliament is a National Priority”

Another Stop on the Road to Meaningful Constitutional Recognition

BY GABRIELLE APPLEBY

Two significant developments emerged this week on the road towards meaningful constitutional recognition for Aboriginal and Torres Strait Islander peoples.

The first was an announcement on Tuesday by Opposition Leader Bill Shorten together with Labor’s three Aboriginal … Read the rest “Another Stop on the Road to Meaningful Constitutional Recognition”

Can once valid legislation ‘become’ invalid? A case study of the High Court’s (now-lost) Nauru jurisdiction

BY BEN YE

On 13 March 2018, Nauru unilaterally terminated its bilateral treaty (‘Nauru Treaty’) with Australia. This treaty had been implemented by domestic law: the Nauru (High Court Appeals) Act 1976 (Cth) (‘Appeals Act’) granted … Read the rest “Can once valid legislation ‘become’ invalid? A case study of the High Court’s (now-lost) Nauru jurisdiction”

Book Forum on Luke Beck’s Religious Freedom and the Australian Constitution

AUSPUBLAW is pleased to present the first in what will be an occasional series of book forums.

In this book forum, Farrah Ahmed, Alex Deagon and Marion Maddox reflect on Luke Beck’s Religious Freedom and the Australian Constitution.  … Read the rest “Book Forum on Luke Beck’s Religious Freedom and the Australian Constitution”

Book Forum: Farrah Ahmed

Farrah Ahmed provides the first post in our book forum on Luke Beck’s Religious Freedom and the Australian Constitution. To see all posts please click here. Click through for posts by Alex Deagon and Marion Maddox, as Read the rest “Book Forum: Farrah Ahmed”

Older posts

© 2019 AUSPUBLAW

Theme by Anders NorenUp ↑