Category: Legislative process

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 “Can Standing Orders Prevent a Simple Majority of the House of Representatives From Passing a Bill Against the Government’s Wishes?”

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

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 “Dancing with Dicey: A Century of Flexible State Constitutions”

Rotten Behaviour in the Coward’s Castle?

BY SARAH HOOK AND ELEN SEYMOUR

In Coleman v Power, Kirby J said:

One might wish for more rationality, less superficiality, diminished invective and increased logic and persuasion in political discourse. But those of that view must find another

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Renewing the NDIS: Refocusing the Eligibility Debate

BY DARREN O’DONOVAN

The eligibility test for accessing the National Disability Insurance Scheme (NDIS) has risen to the front pages of the nation’s media amidst debates about the future position of autism within the scheme. This post introduces the criteria … Read the rest “Renewing the NDIS: Refocusing the Eligibility Debate”

Re Nash [No 2]: The Essence of Time

BY ARTHUR MARUSEVICH

On 15 November 2017, when the High Court sitting as the Court of Disputed Returns handed down its decision in Re Nash [No 2] [2017] HCA 52, it became clear that the 2016 general election was … Read the rest “Re Nash [No 2]: The Essence of Time”

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

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