Category: Democracy (page 1 of 3)

The 2017 Australian Marriage Law Postal Plebisurvey: Issues and Controversies

BY MICHAEL MALEY

On 9 August 2017, a government move to restore to the Senate Notice Paper the Plebiscite (Same-Sex Marriage) Bill 2016 was voted down.  Had the Bill been passed, it would have provided for the conduct by the … Read the rest

A new federal integrity system in the making? The case for a Commonwealth anti-corruption agency

BY A J BROWN

Will Australia continue to evolve towards a general-purpose, stand-alone anti-corruption agency at the federal level?  Does it need to?

Important light on both questions is about to be shed by two events: publication of the report … Read the rest

Australia’s commitment to open government reform

BY PETER TIMMINS

The voters aren’t happy.

While there is no single antidote for this winter of discontent, the way government governs is a contributing factor.

The government tells us that belief in democracy is a shared Australian value and … Read the rest

The Uluru Statement: Towards Federalism with First Nations

BY DYLAN LINO

A momentous thing happened on 26 May 2017. Gathered together in the shadow of Uluru for an unprecedented National Constitutional Convention, over 200 Aboriginal and Torres Strait Islander delegates ‘coming from all points of the southern sky’ … Read the rest

Close of Day

BY TONY BLACKSHIELD

Bob Day’s financial problems came to a head through the collapse of the South Australian division of his company Homestead Homes. His constitutional problems arose through his insistence on having his Senate electoral office in his own … Read the rest

A Ban on Foreign Political Donations: Definitions, Scope and Constitutional Validity

BY YEE-FUI NG

The federal Joint Standing Committee on Electoral Matters has recommended that foreign citizens and entities be banned from making political donations to political parties, associated entities (such as trade unions and dedicated fundraising bodies) and third parties … Read the rest

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

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

Committees in Dialogue: Parliamentary Scrutiny of the High Risk Terrorist Offenders Bill

BY SARAH MOULDS

The Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (Cth) (the Bill) provides for the continued detention of terrorist offenders in prison, after their sentences have been served, where the offender poses an unacceptable risk to … Read the rest

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