Category: Democracy (page 1 of 6)

There and Back Again? The High Court’s Decision in Clubb v Edwards; Preston v Avery [2019] HCA 11

BY ALEX DEAGON

This is the first of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Arisha Arif and Emily Azar’s accompanying post is here and Josh Gibson’s accompanying post is here.Read the rest

Clubb v Edwards; Preston v Avery: Structured Proportionality – Has Anything Changed?

BY ARISHA ARIF AND EMILY AZAR

This is the second of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Josh Gibson’s accompanying post is hereRead the rest

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

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

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

Are Victoria’s Safe-Access Zones Safe from the Constitution?

BY JULIAN O’DONNELL

In August 2016, anti-abortion activist and mother of thirteen Kathleen Clubb approached a couple entering an abortion clinic in East Melbourne. She spoke to the couple and handed them a pamphlet, which they declined. A Magistrate would … Read the rest

The Parliament, the Court of Disputed Returns, and the Solicitor-General

BY GABRIELLE APPLEBY

In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest

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