Category: Constitutional Law (page 1 of 9)

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

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

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

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

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: 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: Alex Deagon

Alex Deagon provides the second 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 Farrah Ahmed and Marion Maddox, as Read the rest

Book Forum: Marion Maddox

Marion Maddox provides the third 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 Farrah Ahmed and Alex Deagon, as Read the rest

Book Forum: Luke Beck

Luke Beck replies to reflections from Farrah Ahmed, Alex Deagon and Marion Maddox on his book Religious Freedom and the Australian Constitution. To see all posts please click here.

BY LUKE BECK

In his Foreword, former Chief … Read the rest

Northern Rights, Southern Law: Queensland’s proposed new human rights statute

BY JEREMY GANS

Introducing a bill to fulfil a two-year-old election pledge on a Wednesday morning, the Queensland Premier labelled it ‘the best and surest means of maintaining for us and our posterity the human rights declared by the … Read the rest

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