Tag: citizenship (page 1 of 2)

The divided decision in Love v Commonwealth – an analysis of Justice Gageler’s and Justice Edelman’s approaches to constitutional interpretation

AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.

BY MIKAELA SMITH

Introduction

In the recent case of Love v Commonwealth; Thoms v Read the rest

The High Court and Respect for Australian South Sea Islanders

BY PETER PRINCE AND EVE LESTER

it is imperative…that the common law should neither be nor be seen to be frozen in an age of racial discrimination
Justice Brennan, Mabo v Queensland [No 2] (1992)

Participants in the … Read the rest

The Rightful Place of First Nations: Love & Thoms

BY EDDIE SYNOT

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Elisa Arcioni and Rayner Thwaites’  accompanying post is here.

The High Court recently delivered its highly anticipated decision … Read the rest

Aboriginal Australians not vulnerable to deportation

BY ELISA ARCIONI AND RAYNER THWAITES

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Love and Thoms decision. Eddie Synot’s accompanying post is here.

Introduction

On Tuesday 11 February 2020, the High Court … Read the rest

Re Gallagher: Inconsistency, Imperatives and Irremediable Impediments

Anne Photos 003BY ANNE TWOMEY

The High Court’s judgment in Re Gallagher caused four Members of Parliament to resign and provoked further debate about the amendment of s 44 of the Constitution.  This culminated in a report by the Joint Standing Committee … Read the rest

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

An Australian Perspective on the UK Human Rights Act Debate

person portraitBY GEORGE WILLIAMS

The long-running debate over the future of the UK Human Rights Act has reverberated around the common law world, indeed all the way to Australia.

This is because the Act is more than just an instrument of … Read the rest

Revoking citizenship for engagement in terrorist activity weakens Australian citizenship for no positive end

Screen Shot 2015-07-21 at 6.07.57 pmBY ALEX REILLY and PETER BURDON

This post is the third in a special series providing expert analysis of the several dimensions of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Parliamentary Joint Committee on Intelligence and Read the rest

The Allegiance to Australia Bill and the Constitution: Legislative Power and Membership of the Constitutional Community

Sangeetha%20headshot copy

BY SANGEETHA PILLAI

This post is the second in a special series providing expert analysis of the several dimensions of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Parliamentary Joint Committee on Intelligence and Security is currently Read the rest

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