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
Tag: Constitution (page 1 of 2)
By ANNE TWOMEY
While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest
In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest
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
In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest
BY DAN WESTBURY
In Palmer v Ayers, the High Court considered the congruence of powers of examination given to the Federal Court in its supervision of bankruptcy with Chapter III of the Constitution. In modern constitutional law, the separation … Read the rest
BY ANNA OLIJNYK
We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest
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
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
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
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