Category: Legislative process (page 1 of 2)

The dual citizen ban – what was Barton thinking?

BY BRUCE DYER

Dual citizen parliamentarians are banned under Australia’s Constitution – even if they don’t know of their foreign citizenship. The far-reaching implications of this are evident from Re Canavan and Re Gallagher.

The dual citizen ban results … Read the rest

Legislative Equality for Vulnerable Australians

BY ZACH RICHARDS

Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas)

On 10 April 2019 Tasmania passed legislation that will make life significantly easier for vulnerable transgender (hereafter ‘trans’) people. The Justice and Related Legislation (Marriage and Read the rest

Raised Voices: Parliamentary Debate in Indigenous Languages

BY TIMOTHY GOODWIN AND JULIAN R MURPHY

Last week, history was made in the Northern Territory Legislative Assembly. The Independent Member for Nhulunbuy, Yingiya Mark Guyula, debated in Djambarrpuyngu, an Indigenous language of North East Arnhem Land. A significant … Read 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

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

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

Dancing with Dicey: A Century of Flexible State Constitutions

BY CHRIS PIGGOTT-MCKELLAR

One hundred years ago this month, rumblings that the constitutional ground in Australia was about to shift underfoot were felt when the High Court handed down its decision in McCawley v R (1918) 26 CLR 9 (‘… Read the rest

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