Category: Constitutional Law (page 2 of 11)

Clubb v Edwards; Preston v Avery: The High Court and the Role of Amicus Curiae

BY JOSH GIBSON

This is the third of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Arisha Arif and Emily Azar’s accompanying post is hereRead the rest

Book Forum: Andrew Byrnes

Andrew Byrnes provides the first post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Lisa Burton Read the rest

Book Forum: Lisa Burton Crawford

Lisa Burton Crawford provides the second post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Andrew Read the rest

Book Forum: Harry Hobbs

Harry Hobbs provides the third post in our book forum on Adam Fletcher’s Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window DressingTo see all posts please click here. Click through for posts by Andrew ByrnesRead the rest

Book Forum: Adam Fletcher

Adam Fletcher replies to reflections from Andrew Byrnes, Lisa Burton Crawford and Harry Hobbs on his book Australia’s Human Rights Scrutiny Regime: Democratic Masterstroke or Mere Window Dressing? To see all posts please click here.

BY ADAM FLETCHERRead the rest

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

Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Timber Creek decision. Sean Brennan’s accompanying post is here.

In Griffiths v Northern Territory [2019] HCA 7 (Timber Read the rest

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

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

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

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