Tag: constitutional interpretation

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

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

Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By 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

“Exclusive Cognisance” and Cognitive Dissonance: Alley v Gillespie

BY TONY BLACKSHIELD

Section 44 of the Constitution – which provides that various categories of persons are incapable of being chosen to sit in the federal Parliament – has been the subject of extraordinary controversy since 2017. In this post, Read the rest

‘For Your Private Consideration’: Secret Documents and the Public Meaning of the Constitution

BY HENRY COOPER

It is requisite that [a] resolution be notified to the people who are to obey it. … [I]t is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who

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What is history, again?

BY HELEN IRVING

In his AUSPUBLAW blog post on 6 November 2017 discussing Justice Edelman’s dissent in Graham v Minister for Immigration and Border Protection [2017] HCA 33, Julian R Murphy finds evidence of a particular, conservative commitment on … Read the rest

Justice Edelman’s originalism, or hints of it

BY JULIAN R MURPHY

 

Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest

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